Criminal Law and Procedure

Overview

This unit introduces students to criminal law and procedure. It commences with a discussion of the key principles of criminal law and then examines a variety of substantive offences including homicide and defences, non-fatal offences against the person, property offences, inchoate offences and participatory liability. This is followed by a broad discussion of defences. The second half of the unit explores the procedure relating to the criminal justice system including commencement of criminal proceedings, search, seizure, forensic procedures, police questioning, bail, the machinery of the prosecution, trial and sentencing.

Unit learning outcomes

Students who successfully complete this unit will be able to:

1. Apply common law and statutory rules of criminal liability to advise people of their criminal liability
2. Evaluate, from a jurisprudential and normative perspective, the considerations which underpin criminal liability
3. Examine the operation and effectiveness of the criminal law system
4. Examine the criminal justice system, including defences to crime, and the extent to which it shapes individual behaviour and societal norms

Teaching methods

Hawthorn

Assessment

Content

• Definition of crime and the aims of the criminal law
• Elements of crime
• Sources of criminal liability
• Homicide and defences
• Non-fatal offences against the person 
• Property offences
• Inchoate offences
• Participatory liability
• Defences
• Commencement of criminal proceedings
• Search, seizure, forensic procedures, police questioning
• Bail
• The machinery of prosecution
• Trial
• Sentencing