Course overview
This course provides students with sound understanding of substantive Australian criminal law and criminal procedure. It provides an overview of the scope of the criminal law and the way in which the law criminalises certain conduct. The course also examines pre-trial and trial processes to gain an understanding of the way in which substantive criminal law is put into practice by the police, practitioners and judiciary. 1. Theory of Criminal Law; 2. Elements of the Offence; 3. Offences Against the Person; 4. Homicide; 5. Offences of Dishonesty; 6. General Defences: Self-Defence, Duress and Necessity; 7. Mental Incompetence and Intoxication; 8. Attempts, Accessories and Joint Enterprise Liability; 9. Pretrial Processes: Arrest, Search and Bail; 10. Trial Processes: Classification of Offences, Trial on Indictment, Summary Proceedings.
Course learning outcomes
- Examine the process of establishing guilt in a given factual situation with particular reference to the elements of an offence and the onus and burden of proof.
- Analyse the essential elements of a particular offence, focusing on issues of proof and criminal responsibility.
- Discuss the scope and reach of the modern criminal law in Australia and other common law jurisdictions by reviewing selected areas of criminal activity.
- Discuss the major milestones in a criminal investigation and prosecution, and the roles played by the police, prosecution and defence counsel.