School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

Please note that given the circumstances of COVID-19, there may be some modifications to the assessment schedule promoted in Handbook for Semester 1 2020 Units. Students will be notified of all approved modifications by Unit Coordinators via email and Unit Blackboard sites. Where changes have been made, these are designed to ensure that you still meet the unit learning outcomes in the context of our adjusted teaching and learning arrangements.

  • Unit Title

    Advanced Criminal Law
  • Unit Code

    LAW4206
  • Year

    2020
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Michael Gerard CROWLEY

Description

In this unit students will critically examine crime, criminal law and related institutions.The unit will build on the basic principles upon which criminal laws are founded and operate, including the processes used to establish criminal responsibility, criminal procedure and sentencing. Students will explore in a critical context specialist courts including drug court and the domestic family violence court and the various diversionary progams in Western Australia involving both adult and children's court. This will involve a critical contextual and interpretive approach to the criminal justice system with emphasis on specialist courts and related institutions designed to reduce the incidence of crime in Western Australia.

Non Standard Timetable Requirements

Will be delivered through a combination of online materials (Blackboard), and two days intensive on-campus.

Prerequisite Rule

Students must pass 1 units from LAW1214

Equivalent Rule

Unit was previously coded LAW5606

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply critical reasoning skills and appreciation of the broader contextual interpretive issues that impact upon sentencing and criminal law and practice.
  2. Define and apply the concepts of crime, criminal law and related institutions.
  3. Demonstrate a detailed knowledge of the key factors and processes involved in determining criminal responsibility.
  4. Develop and present arguments for an appropriate penalty for a convicted person with antecedent drug and alcohol addiction.
  5. Evaluate key sentencing innovations which will impact upon the development of WA sentencing law.
  6. Explain and critique the relationship between Western Austalia's sentencing legislation and specialist courts.

Unit Content

  1. Aboriginal Customary Law.
  2. Alternative sentencing practices and procedure including non-custodial dispositions; pecuniary measure - fines, restitution, compensation and community based measures.
  3. Crime Prevention.
  4. Criminal procedure including diversionary programs.
  5. Critiquing conventional government thinking on criminal justice policy.
  6. Key definitions of crime, criminal law, criminal responsibility and sentencing.
  7. Principles and practice of sentencing practice, including; serious offenders, multiple offenders, parole, remission, persistent offenders, dangerous and mentally disordered offenders, violent offenders and mandatory sentencing.
  8. Principles involved in establishing criminal liability.
  9. Principles of appellate criminal law.
  10. Rethinking the law and order debate as a tool for improving the criminal justice system in contrast to a political election tool.
  11. Specialist courts: Drug Court, Family Domestic Violence Court and Intellectual Disability Diversion (Court) Program.
  12. Young offenders and the Children's Court.

Additional Learning Experience Information

Lectures, workshops, case studies and practical exercises and may involve attendance at court or other places of relevance to a particular topic in this unit or having significance to the overall conduct of this unit. Students will have three hours per week contact divided between lectures and tutorials. Lectures will be used to introduce content, concepts and principles relevant to the subject and provide direction to students in research. Tutorials will allow students to develop oral and written responses to lecture and research materials. There will be an emphasis on research and critical analysis of legal instruments and political responses to the subject. Students will be expected to exhibit an ability to undertake relevant self-directed research and appropriate skills in oral and written communication.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationSeminar Participation 10%
VivaSentencing application (includes oral & written submissions) 20%
AssignmentResearch paper30%
ExaminationWritten Take Home Examination40%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4206|1|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

Please note that given the circumstances of COVID-19, there may be some modifications to the assessment schedule promoted in Handbook for this unit. All assessment changes will be published by 27 July 2020. All students are reminded to check handbook at the beginning of semester to ensure they have the correct outline.

  • Unit Title

    Advanced Criminal Law
  • Unit Code

    LAW4206
  • Year

    2020
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Michael Gerard CROWLEY

Description

In this unit students will critically examine crime, criminal law and related institutions.The unit will build on the basic principles upon which criminal laws are founded and operate, including the processes used to establish criminal responsibility, criminal procedure and sentencing. Students will explore in a critical context specialist courts including drug court and the domestic family violence court and the various diversionary progams in Western Australia involving both adult and children's court. This will involve a critical contextual and interpretive approach to the criminal justice system with emphasis on specialist courts and related institutions designed to reduce the incidence of crime in Western Australia.

Non Standard Timetable Requirements

Will be delivered through a combination of online materials (Blackboard), and two days intensive on-campus.

Prerequisite Rule

Students must pass 1 units from LAW1214

Equivalent Rule

Unit was previously coded LAW5606

Learning Outcomes

On completion of this unit students should be able to:

  1. Apply critical reasoning skills and appreciation of the broader contextual interpretive issues that impact upon sentencing and criminal law and practice.
  2. Define and apply the concepts of crime, criminal law and related institutions.
  3. Demonstrate a detailed knowledge of the key factors and processes involved in determining criminal responsibility.
  4. Develop and present arguments for an appropriate penalty for a convicted person with antecedent drug and alcohol addiction.
  5. Evaluate key sentencing innovations which will impact upon the development of WA sentencing law.
  6. Explain and critique the relationship between Western Austalia's sentencing legislation and specialist courts.

Unit Content

  1. Aboriginal Customary Law.
  2. Alternative sentencing practices and procedure including non-custodial dispositions; pecuniary measure - fines, restitution, compensation and community based measures.
  3. Crime Prevention.
  4. Criminal procedure including diversionary programs.
  5. Critiquing conventional government thinking on criminal justice policy.
  6. Key definitions of crime, criminal law, criminal responsibility and sentencing.
  7. Principles and practice of sentencing practice, including; serious offenders, multiple offenders, parole, remission, persistent offenders, dangerous and mentally disordered offenders, violent offenders and mandatory sentencing.
  8. Principles involved in establishing criminal liability.
  9. Principles of appellate criminal law.
  10. Rethinking the law and order debate as a tool for improving the criminal justice system in contrast to a political election tool.
  11. Specialist courts: Drug Court, Family Domestic Violence Court and Intellectual Disability Diversion (Court) Program.
  12. Young offenders and the Children's Court.

Additional Learning Experience Information

Lectures, workshops, case studies and practical exercises and may involve attendance at court or other places of relevance to a particular topic in this unit or having significance to the overall conduct of this unit. Students will have three hours per week contact divided between lectures and tutorials. Lectures will be used to introduce content, concepts and principles relevant to the subject and provide direction to students in research. Tutorials will allow students to develop oral and written responses to lecture and research materials. There will be an emphasis on research and critical analysis of legal instruments and political responses to the subject. Students will be expected to exhibit an ability to undertake relevant self-directed research and appropriate skills in oral and written communication.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
ParticipationSeminar Participation 10%
VivaSentencing application (includes oral & written submissions) 20%
AssignmentResearch paper30%
ExaminationWritten Take Home Examination40%

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4206|1|2