Skip to main content
USQ Logo
The current and official versions of the course specifications are available on the web at http://www.usq.edu.au/course/specification/current.
Please consult the web for updates that may occur during the year.

LAW5121 Advanced Criminal Law

Semester 3, 2019 Online
Short Description: Advanced Criminal Law
Units : 1
Faculty or Section : Faculty of Business, Education, Law and Arts
School or Department : School of Law and Justice
Student contribution band : Band 3
ASCED code : 090900 - Law
Grading basis : Graded
Version produced : 20 May 2019

Staffing

Examiner: Kerstin Braun

Requisites

Pre-requisite or Co-requisite: (LAW5111 and LAW5112) or LAW5501

Other requisites

Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.

Rationale

A law graduate is required to have a broad knowledge of, and skills in, criminal law for admission into practice in accordance with the Law Admissions Consultative Committee Uniform Admission Rules (Priestly 11) and the Law Learning and Teaching Council Learning and Teaching Academic Standards Project: Juris Doctor learning and teaching academic standards statement December 2010. This course seeks to comply with these standards and is a core course within the Law degree program.

Synopsis

This course deals with general aims and doctrines of the criminal law, including an examination of criminal responsibility concerning a select range of offences against the person and against property, and various excuses and defences, under the Criminal Code (Qld). The course also focuses on selected aspects of criminal procedure.

Objectives

On successful completion of this course, students should be able to:

  1. understand the classification of criminal offences and the aims and general doctrines of criminal law
  2. understand the nature and structure of the Criminal Code (Qld)
  3. identify, locate and understand selected offences and their elements, defences and excuses in the Criminal Code (Qld) and, where relevant, make use of statutory interpretation methods
  4. understand concepts relating to attempts and participation
  5. understand the relationship between criminal offences, excuses and defences as well as the relationship between statutory law and case law in the criminal law context
  6. understand selected aspects of criminal procedure including the trial of indictable offences
  7. demonstrate an ability to apply, using appropriate methodologies, problem solving in a criminal law context
  8. locate and analyse primary law materials and secondary materials (as relevant) while critically reviewing issues in law relevant to the topics considered in this course
  9. demonstrate satisfactory communication skills
  10. develop academic, professional and digital literacy skills
  11. develop management, planning and organisation skills.

Topics

Description Weighting(%)
1. Introduction to fundamental principles: definition of crime, aims and doctrines in criminal law; understanding criminal offences, excuses and defences 10.00
2. Introduction to problem solving in a criminal law context 10.00
3. Select property offences Criminal Code (Qld) 10.00
4. Select fatal offences against the person Criminal Code (Qld) 10.00
5. Select non-fatal offences against the person (including sexual offences) Criminal Code (Qld) 20.00
6. Attempts and participation 10.00
7. Select range of excuses and defences Criminal Code (Qld): mistake of fact, self-defence, provocation, insanity, diminished responsibility, act independent of will and intoxication 20.00
8. Selected aspects of criminal procedure including the trial of indictable offences. 10.00

Text and materials required to be purchased or accessed

ALL textbooks and materials available to be purchased can be sourced from USQ's Online Bookshop (unless otherwise stated). (https://omnia.usq.edu.au/textbooks/?year=2019&sem=03&subject1=LAW5121)

Please contact us for alternative purchase options from USQ Bookshop. (https://omnia.usq.edu.au/info/contact/)

Criminal Code Act 1899 (Qld)
(sch 1 Criminal Code available online.)
Colvin, E, McKechnie, J & O'Leary, J 2017, 'Criminal law in Queensland and Western Australia: cases and commentary', 8th edn, LexisNexis Butterworths, Chatswood, New South Wales. (the latest edition is required).

Reference materials

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.
Burton, K, 2015, 'Lexis Nexis questions and answers: criminal law in Queensland and Western Australia', 2nd edn, LexisNexis Butterworths, Sydney, New South Wales. (the latest edition is required).
Devereux, J & Blake, M 2016, 'Kenny criminal law in Queensland and Western Australia', 9th edn, LexisNexis Butterworths, Chatswood, New South Wales.
Douglas, H, Everton-Moore, K, Harbidge, S & Levy, L 2017, 'Criminal process in Queensland and Western Australia', 2nd edn, Thomson Reuters, Pyrmont, New South Wales. (the latest edition is required).
Hemming, A & Braun, K 2016, ‘'Lexis Nexis questions and answers: criminal procedure’, LexisNexis Butterworths, Sydney, New South Wales.
Hemming, A, 2015, ‘Criminal law guidebook: Queensland and Western Australia’, 1st edn, Oxford University Press, Melbourne, Victoria.
Shanahan, MJ, Smith, PE & Ryan, S, 'Carter's criminal law of Queensland, electronic edition', LexisNexis Butterworths, Chatswood, New South Wales. (available electronically in LexisNexis AU database accessible via USQ Library website).

Student workload expectations

Activity Hours
Assessments 40.00
Directed Study 50.00
Private Study 75.00

Assessment details

Description Marks out of Wtg (%) Due Date Notes
ONLINE MULTIPLE-CHOICE 10 10 16 Dec 2019 (see note 1)
ONLINE PROBLEM SOLVING 40 40 02 Jan 2020 (see note 2)
EXAMINATION 50 50 End S3 (see Examination notes below)

Notes
  1. A multiple-choice online test will be scheduled for week 4/5 of the semester. Details will be available on StudyDesk.
  2. An online problem-solving activity will be scheduled in week 7 of the semester. Details will be available on StudyDesk.

Examination
Description Marks out of Wtg (%) Notes
EXAM PART A - MULTIPLE CHOICE 10 10 (see exam note 1)
EXAM PART B - WRITTEN 40 40

Exam Notes
  1. This will be an open examination. The total working time for the examination (parts A & B) is 2 hours. The examination date will be available via UConnect when the official examination timetable has been released.

Important assessment information

  1. Attendance requirements:
    There are no attendance requirements for this course. However, it is the students' responsibility to study all material provided to them or required to be accessed by them to maximise their chance of meeting the objectives of the course and to be informed of course-related activities and administration.

  2. Requirements for students to complete each assessment item satisfactorily:
    To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)

  3. Penalties for late submission of required work:
    Students should refer to the Assessment Procedure http://policy.usq.edu.au/documents.php?id=14749PL (point 4.2.4)

  4. Requirements for student to be awarded a passing grade in the course:
    To be assured of receiving a passing grade a student must obtain at least 50% of the total weighted marks available for the course (i.e. the Primary Hurdle), and have satisfied the Secondary Hurdle (Supervised), i.e. the end of semester examination by achieving at least 40% of the weighted marks available for that assessment item.

    Supplementary assessment may be offered where a student has undertaken all of the required summative assessment items and has passed the Primary Hurdle but failed to satisfy the Secondary Hurdle (Supervised), or has satisfied the Secondary Hurdle (Supervised) but failed to achieve a passing Final Grade by 5% or less of the total weighted Marks.

    To be awarded a passing grade for a supplementary assessment item (if applicable), a student must achieve at least 50% of the available marks for the supplementary assessment item as per the Assessment Procedure http://policy.usq.edu.au/documents/14749PL (point 4.4.2).

  5. Method used to combine assessment results to attain final grade:
    To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.

  6. Examination information:
    This will be an open examination. Candidates may have access to any printed or written material and a calculator during the examination.

  7. Examination period when Deferred/Supplementary examinations will be held:
    Any Deferred or Supplementary examinations for this course will be held during the next examination period.

  8. University Student Policies:
    Students should read the USQ policies: Definitions, Assessment and Student Academic Misconduct to avoid actions which might contravene University policies and practices. These policies can be found at http://policy.usq.edu.au.

Assessment notes

  1. Referencing in assignments:
    Students studying this course as part of a Juris Doctor must use the Australian Guide to Legal Citation (AGLC) style. Students who are not enrolled in the Juris Doctor may use either Harvard (AGPS) or the Australian Guide to Legal Citation (AGLC) in their assignments to format details of the information sources they have cited in their work. For AGLC style guide enquiries, consult the AGLC manual from the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing, or contact the Law librarian. The Harvard (AGPS) style to be used is defined by the USQ Library's referencing guide at http://www.usq.edu.au/library/referencing.