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.
Requisites
01-June-2025
Learning outcomes
Students who successfully complete this unit will be able to:
- Apply common law and statutory rules of criminal liability to advise people of their criminal liability
- Evaluate, from a jurisprudential and normative perspective, the considerations which underpin criminal liability
- Examine the operation and effectiveness of the criminal law system
- Examine the criminal justice system, including defences to crime, and the extent to which it shapes individual behaviour and societal norms
Teaching methods
Hawthorn
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| On-campus Class | 3.00 | 12 weeks | 36 |
| Online Lecture | 1.00 | 12 weeks | 12 |
| Unspecified Activities Independent Learning | 8.50 | 12 weeks | 102 |
| TOTAL | 150 |
Swinburne Online
| Type | Hours per week | Number of weeks | Total (number of hours) |
|---|---|---|---|
| Online Directed Online Learning and Independent Learning | 11.50 | 12 weeks | 138 |
| Live Online Class | 1.00 | 12 weeks | 12 |
| TOTAL | 150 |
Assessment
| Type | Task | Weighting | ULO's |
|---|---|---|---|
| Assignment | Individual | 10 - 20% | 1,2,3,4 |
| Examination | Individual | 50 - 70% | 1,2,3,4 |
| Research Assignment | Individual | 20 - 40% | 1,2,3,4 |
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 personÂ
- Property offences
- Inchoate offences
- Participatory liability
- Defences
- Commencement of criminal proceedings
- Search, seizure, forensic procedures, police questioning
- Bail
- The machinery of prosecution
- Trial
- Sentencing
Study resources
Reading materials
A list of reading materials and/or required textbooks will be available in the Unit Outline on Canvas.