Advanced Criminal Law and Procedure

Please note that this Course has Requisites listed.

Offering Information

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Course Description

This is a core course in the Juris Doctor program. It is approved by the Legal Practitioners Admissions Board (Qld) and the Chief Justice of Queensland as meeting the criminal law and procedure area of knowledge under the Supreme Court (Admission) Rules 2004 (Qld) and therefore deals with elements of Criminal Law and Procedure, specifically: the definition of crime; elements of crime; aims of the criminal law; homicide and defences; non-fatal offences against the person and defences; offences against property; general doctrines; selected topics chosen from attempts, participation in crime, drunkenness, mistake and strict responsibility; and elements of criminal procedure including classification of offences, process to compel appearance, bail, preliminary examination and trial of indictable offences

Topics

1. The definition of crime [Admission Rules 1(1)]
2. Elements of crime [Admission Rules 1(2)]
3. Aims of the criminal law [Admission Rules 1(3)]
4. Homicide and defences [Admission Rules 1(4)]
5. Non-fatal offences against the person and defences [Admission Rules 1(5)]
6. Offences against property [Admission Rules 1(6)]
7. General doctrines [Admission Rules 1(7)]
8. Selected topics: attempts, participation in crime, drunkenness, mistake, strict responsibility [Admission Rules 1(8)]
9. Elements of criminal procedure. Selected topics chosen from classification of offences, process to compel appearance, bail, preliminary examination, trial of indictable offences [Admission Rules 1(9)]

Availability

Toowoomba

Course Contacts

Kerstin Braun

Kirstie Smith

Enrolment Rules

Course Pre-requisites

Course Co-requisite

When planning your enrolment, you might come across terms like prerequisite, corequisite, and anti-requisite. These are important to understand because they affect which courses you can take and when.

Prerequisite

A prerequisite is a course you must complete before enrolling in another course. It ensures you have the necessary background knowledge and skills to succeed in the next course.

Corequisite

A corequisite is a course that you need to take at the same time as another course, or before it. These courses complement each other and are often required together in professionally accredited programs.

Anti-requisite

An anti-requisite is a course that has very similar content to another course. You can’t enrol in both because it wouldn’t benefit your learning to repeat the same material.

Assessments

Quiz 1

Online Problem Solving

Invigilated Examination

Type:Invigilated examinations

Description:

This is an open book, invigilated, timed assessment. Students will be provided with further instructions regarding the assessment duration and the invigilation process by their course coordinator via the course StudyDesk. The assessment date will become available via UConnect when the Formal Examination Schedule has been released. Students will be required to complete the timed assessment under web-based invigilation from their home or other private space. No other persons are permitted in the workspace and students will be required to verify their identity via photographic ID using a UniSQ-issued student identification card on the day. If you do not have a UniSQ-issued identification card, please request a Student ID card via the online form (https://usqassist.custhelp.com/app/forms/id_request).

Weight:50

Formative or Summative:Summative Assessment

Individual or Group:Individual

Course Learning Outcomes:1, 2, 3

Week Due:Week 13

Learning Outcomes

Upon completion of this course, graduates will be able to:

Demonstrate [explain and apply] an advanced and integrated understanding of a complex body of knowledge relevant to criminal law and procedure, and underlying principles and concepts; and the broader contexts within which legal issues arise in this area (PO1/TLO1).

Identify and articulate complex legal issues [relevant to criminal law and procedure]; [comprehend legal and other materials]; apply legal reasoning to generate appropriate jurisprudential and practical responses to legal issues, and make reasoned and appropriate choices amongst alternatives (PO3/TLO3).

Identify applicable legislation and delegated legislation, explain general principles of statutory interpretation, understand [explain and apply] and make appropriate use of authorised aids to statutory interpretation, and deploy appropriate techniques in the course of solving interpretative problems [(including problems raising special interpretative issues, [ fault elements and broad legislative terms such as a ‘reasonable’ requirement); and give a reasoned opinion as to the appropriate meaning of a legislative provision, and as to the correct application of the provision to a given set of facts] (PO7).

UniSQ Handbook

LAW5121 - Advanced Criminal Law and Procedure

1 Unit