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.

Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.

  • Unit Title

    Advanced Criminal Law
  • Unit Code

    LAW4206
  • Year

    2022
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Philip Bruce GLOVER

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 (LMS), 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 School Progression Panel.

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 Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

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.

Your unit may be subject to government or third party COVID-19 vaccination requirements. Please consider this before enrolling in this unit, and speak with the unit coordinator if this raises any concerns.

  • Unit Title

    Advanced Criminal Law
  • Unit Code

    LAW4206
  • Year

    2022
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Dr Philip Bruce GLOVER

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 (LMS), 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 School Progression Panel.

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 Integrity

Integrity is a core value at Edith Cowan University, and it is expected that ECU students complete their assessment tasks honestly and with acknowledgement of other people's work. This means that assessment tasks must be completed individually (unless it is an authorised group assessment task) and any sources used must be referenced.

Breaches of academic integrity can include:

Plagiarism

Copying the words, ideas or creative works of other people, without referencing in accordance with stated University requirements. Students need to seek approval from the Unit Coordinator within the first week of study if they intend to use some of their previous work in an assessment task (self-plagiarism).

Unauthorised collaboration (collusion)

Working with other students and submitting the same or substantially similar work or portions of work when an individual submission was required. This includes students knowingly providing others with copies of their own work to use in the same or similar assessment task(s).

Contract cheating

Organising a friend, a family member, another student or an external person or organisation (e.g. through an online website) to complete or substantially edit or refine part or all of an assessment task(s) on their behalf.

Cheating in an exam

Using or having access to unauthorised materials in an exam or test.

Serious outcomes may be imposed if a student is found to have committed one of these breaches, up to and including expulsion from the University for repeated or serious acts.

ECU's policies and more information about academic integrity can be found on the student academic integrity website.

All commencing ECU students are required to complete the Academic Integrity Module.

Assessment Extension

In some circumstances, Students may apply to their Unit Coordinator to extend the due date of their Assessment Task(s) in accordance with ECU's Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000001386.

Special Consideration

Students may apply for Special Consideration in respect of a final unit grade, where their achievement was affected by Exceptional Circumstances as set out in the Assessment, Examination and Moderation Procedures - for more information visit https://askus2.ecu.edu.au/s/article/000003318.

LAW4206|1|2