LLB244 Criminal Law Sentencing
To view more information for this unit, select Unit Outline from the list below. Please note the teaching period for which the Unit Outline is relevant.
| Unit code: | LLB244 |
|---|---|
| Prerequisite(s): | LLB106 or LWB239 |
| Antirequisite(s): | LWB494 |
| Credit points: | 12 |
| Timetable | Details in HiQ, if available |
| Availabilities |
|
| CSP student contribution | $2,124 |
| Pre-2021 CSP student contribution | $1,663 The pre-2021 commonwealth supported place (CSP) contribution amount only applies to students enrolled in a course prior to 2021. To learn more, visit our Understanding your fees page. |
| Domestic tuition unit fee | $3,204 |
| International unit fee | $4,368 |
Unit Outline: Semester 1 2025, Gardens Point, Internal
| Unit code: | LLB244 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB106 or LWB239 |
| Anti-requisite: | LWB494 |
| Coordinator: | James Duffy | james.duffy@qut.edu.au |
Overview
A knowledge of the principles of criminal law is fundamental to the practice of law. In order to practise in the criminal jurisdiction, a sound knowledge of the principles and procedures for sentencing offenders is essential. The sentencing of offenders is based on statutory and common law rules and criminological theories of punishment of offenders, as well as theories informing rehabilitation and responses to recidivism. Although this unit is based on the principles underlying the sentencing process, there is also considerable emphasis on the practical application of these in the sentencing process. This unit, a general elective in the law degree, builds on knowledge and skills gained in the core criminal law unit.
Learning Outcomes
On successful completion of this unit you will be able to:
- Solve practical legal problems by applying the principles of criminal law and policy and interpreting the Penalties and Sentences Act 1992 (Qld), Youth Justice Act 1992 (Qld), Criminal Code 1899 (Qld), Crimes Act 1914 (Cth) and related legislation (Course Learning Outcomes 1.1, 1.3, 1.5, 2.1, 2.2)
- Critically analyse the approach to interpretation of the Penalties and Sentences Act 1992 (Qld) and related statutes, including the rules of statutory interpretation that apply to the Act and other sentencing statutes, to construct arguments for solving real world problems (CLOs 1.1, 2.2)
- Clearly communicate legal and policy arguments and conclusions to demonstrate understanding of sentencing law and cross-cultural competency in an adversarial court (CLOs 4.1, 4.3)
- Discuss and reflect upon the social implications of current sentencing law and policy, particularly considering its impact on Aboriginal and Torres Strait Islanders, offenders with addictions and people suffering from mental health problems (CLO 1.2).
Content
The topic areas covered in this unit may include:
- concepts of punishment and justifications for punishment
- the structure of a sentencing hearing and the roles of advocates
- preparing a sentencing brief for court (written and oral submissions)
- effective and ethical sentencing advocacy
- sentencing principles, factors of aggravation and mitigation
- dangerous offenders and serious violent offenders
- sentencing Indigenous offenders
- sentencing Commonwealth offenders
- sentencing juveniles.
Learning Approaches
This unit is taught through a combination of intensive workshops and online learning activities that will support development of understanding and skills. All sessions are designed to provide as much interaction as possible between the lecturer and the student. They will provide a forum for overview, analysis, evaluation and discussion of sentencing law. You are expected to prepare for workshops and develop your capacities as an active learner throughout the unit.
Student learning is supported with online materials to provide feedback on the understanding of the principles and skills of the unit. Students will learn to work with sentencing briefs to develop analytic and critical perspectives and will be encouraged to formulate both written and oral submissions related to sentencing. They will also be required to consider the points of view of members of diverse cultural and social groups and how their needs can be catered for by advocates and the court.
This unit employs an active and collaborative approach to learning. It involves an online, self-led learning practice and live workshops where you will learn from experts and your peers. Prior to live workshops, you will be supported and engaged in this unit through the delivery of weekly material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement with online materials
- Discussions on Canvas and in live workshops
- Collaboration with peers and experts to network and share your understandings
Feedback on Learning and Assessment
Students are provided with feedback to assist their learning throughout the semester. The feedback is provided through:
- the discussions in the intensive workshops
- the online Ask a Question forum
- online materials
- the individual feedback provided on assessment with the completed Criteria Referenced Assessment form
- generic feedback posted on the unit's Canvas for each item of assessment
- examples of past student assessment, and
- the option of consultation with a member of the teaching team.
Assessment
Overview
In this unit, students are graded on a scale of one to seven.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Cultural competency critique
Students will critique a transcript of a simulated sentencing hearing involving either an Indigenous Australian offender, an offender for whom English is a second language or a foreign national who was in Australia at the time of the offence for which they have been convicted.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Oral sentencing submissions
Students will be required to take the role of defence counsel in a simulated sentence hearing. The assessment will be completed in video recorded format. Students will also be required to submit a written outline of argument in support of their submissions.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Take-Home Exam
The take-home exam will assess the depth of your knowledge and understanding of the individual topics considered in the unit as well as your ability to analyse and apply the law to solve defined problems. Students will have 3 days to complete the take-home exam.
Academic Integrity
Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.
The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Mirko Bagaric, Theo Alexander and Richard Edney, Sentencing in Australia (11th ed) (Thomson Reuters, 2024)
Risk Assessment Statement
There are no unusual risks in this unit.
Unit Outline: Semester 1 2025, Online
| Unit code: | LLB244 |
|---|---|
| Credit points: | 12 |
| Pre-requisite: | LLB106 or LWB239 |
| Anti-requisite: | LWB494 |
Overview
A knowledge of the principles of criminal law is fundamental to the practice of law. In order to practise in the criminal jurisdiction, a sound knowledge of the principles and procedures for sentencing offenders is essential. The sentencing of offenders is based on statutory and common law rules and criminological theories of punishment of offenders, as well as theories informing rehabilitation and responses to recidivism. Although this unit is based on the principles underlying the sentencing process, there is also considerable emphasis on the practical application of these in the sentencing process. This unit, a general elective in the law degree, builds on knowledge and skills gained in the core criminal law unit.
Learning Outcomes
On successful completion of this unit you will be able to:
- Solve practical legal problems by applying the principles of criminal law and policy and interpreting the Penalties and Sentences Act 1992 (Qld), Youth Justice Act 1992 (Qld), Criminal Code 1899 (Qld), Crimes Act 1914 (Cth) and related legislation (Course Learning Outcomes 1.1, 1.3, 1.5, 2.1, 2.2)
- Critically analyse the approach to interpretation of the Penalties and Sentences Act 1992 (Qld) and related statutes, including the rules of statutory interpretation that apply to the Act and other sentencing statutes, to construct arguments for solving real world problems (CLOs 1.1, 2.2)
- Clearly communicate legal and policy arguments and conclusions to demonstrate understanding of sentencing law and cross-cultural competency in an adversarial court (CLOs 4.1, 4.3)
- Discuss and reflect upon the social implications of current sentencing law and policy, particularly considering its impact on Aboriginal and Torres Strait Islanders, offenders with addictions and people suffering from mental health problems (CLO 1.2).
Content
The topic areas covered in this unit may include:
- concepts of punishment and justifications for punishment
- the structure of a sentencing hearing and the roles of advocates
- preparing a sentencing brief for court (written and oral submissions)
- effective and ethical sentencing advocacy
- sentencing principles, factors of aggravation and mitigation
- dangerous offenders and serious violent offenders
- sentencing Indigenous offenders
- sentencing Commonwealth offenders
- sentencing juveniles.
Learning Approaches
This unit is taught through a combination of intensive workshops and online learning activities that will support development of understanding and skills. All sessions are designed to provide as much interaction as possible between the lecturer and the student. They will provide a forum for overview, analysis, evaluation and discussion of sentencing law. You are expected to prepare for workshops and develop your capacities as an active learner throughout the unit.
Student learning is supported with online materials to provide feedback on the understanding of the principles and skills of the unit. Students will learn to work with sentencing briefs to develop analytic and critical perspectives and will be encouraged to formulate both written and oral submissions related to sentencing. They will also be required to consider the points of view of members of diverse cultural and social groups and how their needs can be catered for by advocates and the court.
This unit employs an active and collaborative approach to learning. It involves an online, self-led learning practice and live workshops where you will learn from experts and your peers. Prior to live workshops, you will be supported and engaged in this unit through the delivery of weekly material, podcasts delivered by experts, interactive quizzes and formative learning activities, and collaborative discussions that will introduce a range of practical and theoretical perspectives.
Your participation in the unit will include:
- Engagement with online materials
- Discussions on Canvas and in live workshops
- Collaboration with peers and experts to network and share your understandings
Feedback on Learning and Assessment
Students are provided with feedback to assist their learning throughout the semester. The feedback is provided through:
- the discussions in the intensive workshops
- the online Ask a Question forum
- online materials
- the individual feedback provided on assessment with the completed Criteria Referenced Assessment form
- generic feedback posted on the unit's Canvas for each item of assessment
- examples of past student assessment, and
- the option of consultation with a member of the teaching team.
Assessment
Overview
In this unit, students are graded on a scale of one to seven.
Unit Grading Scheme
7- point scale
Assessment Tasks
Assessment: Cultural competency critique
Students will critique a transcript of a simulated sentencing hearing involving either an Indigenous Australian offender, an offender for whom English is a second language or a foreign national who was in Australia at the time of the offence for which they have been convicted.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Oral sentencing submissions
Students will be required to take the role of defence counsel in a simulated sentence hearing. The assessment will be completed in video recorded format. Students will also be required to submit a written outline of argument in support of their submissions.
This assignment is eligible for the 48-hour late submission period and assignment extensions.
Assessment: Take-Home Exam
The take-home exam will assess the depth of your knowledge and understanding of the individual topics considered in the unit as well as your ability to analyse and apply the law to solve defined problems. Students will have 3 days to complete the take-home exam.
Academic Integrity
Academic integrity is a commitment to undertaking academic work and assessment in a manner that is ethical, fair, honest, respectful and accountable.
The Academic Integrity Policy sets out the range of conduct that can be a failure to maintain the standards of academic integrity. This includes, cheating in exams, plagiarism, self-plagiarism, collusion and contract cheating. It also includes providing fraudulent or altered documentation in support of an academic concession application, for example an assignment extension or a deferred exam.
You are encouraged to make use of QUT’s learning support services, resources and tools to assure the academic integrity of your assessment. This includes the use of text matching software that may be available to assist with self-assessing your academic integrity as part of the assessment submission process.
Breaching QUT’s Academic Integrity Policy or engaging in conduct that may defeat or compromise the purpose of assessment can lead to a finding of student misconduct (Code of Conduct – Student) and result in the imposition of penalties under the Management of Student Misconduct Policy, ranging from a grade reduction to exclusion from QUT.
Resources
Resource Materials
Prescribed text(s)
Mirko Bagaric, Theo Alexander and Richard Edney, Sentencing in Australia (11th ed) (Thomson Reuters, 2024)
Risk Assessment Statement
There are no unusual risks in this unit.