LLB106 Criminal Law

Unit Outline: Semester 2 2024, Gardens Point, Internal

Overview

This core unit introduces you to the criminal law of Queensland.  Knowledge of criminal law offences and defences/excuses is essential for understanding the type of behaviour that is permitted by the state.  Criminal law content knowledge is required for your admission to legal practice.

Learning Outcomes

On successful completion of this unit you will be able to:

1. Identify and explain relevant legislation and common law (with particular emphasis on the Queensland Criminal Code) and apply this knowledge to real world legal problems (CLOs 1.1, 1.5)
2. Use legal reasoning and critical thinking to apply the law to legal problems, provide legal advice, address clients' needs and resolve disputes (CLOs 2.1, 2.2)
3. Use legal databases to effectively locate and organise sources of criminal law (CLOs 3.1, 3.2)
4. Demonstrate effective oral and written advocacy skills including, prioritising issues, constructing persuasive and strategic arguments and drawing legal conclusions (CLOs 4.1, 4.2)

Content

Learning Approaches

This unit employs an active and collaborative approach to learning.  The learning has been designed to provide you with direct interaction with your instructors and peers and there is an expectation that you will attend live lectures and tutorials.

Prior to the live learning sessions, you will be supported through weekly unit material, interactive quizzes and formative learning activities that will introduce a range of practical and theoretical perspectives.

Your participation in the unit will include:

• Engagement in live lectures
• Collaboration and discussion with peers and academic staff in live tutorials to network and apply your understanding of unit content
• Participation in tutorials that allow you to develop and practice your oral communication, critical analysis and legal problem-solving skills

Feedback on Learning and Assessment

You are provided with feedback to assist your learning throughout the semester.  This feedback is provided through:

• The discussions in live tutorials
• Online discussion board
• 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
• 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.

Students may be required to attend campus or an assessment centre for the purposes of assessment, regardless of the attendance mode for the unit.

Unit Grading Scheme

7- point scale

Assessment Tasks

Assessment: Oral Advocacy Exercise

Acting as a barrister for either the Crown or the defence, you will present oral submissions on behalf of your client to a simulated courtroom. You will upload your video and submit a one page written outline.

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Assessment: Appellate Brief

Acting as a criminal defence lawyer, you will provide a written appeal brief for a client.  This appeal brief will advise on the commission of any criminal offences, and any errors of law made by a trial judge when giving directions to a jury.

This assignment is eligible for the 48-hour late submission period and assignment extensions.

Assessment: Final Examination

An end-of-semester examination (open book) will assess the depth of your knowledge and understanding of the topics of the unit as well as your ability to analyse and apply relevant legal rules and principles to solve defined problems. All topics covered in the unit are assessable.

Academic Integrity

Students are expected to engage in learning and assessment at QUT with honesty, transparency and fairness. Maintaining academic integrity means upholding these principles and demonstrating valuable professional capabilities based on ethical foundations.

Failure to maintain academic integrity can take many forms. It includes cheating in examinations, plagiarism, self-plagiarism, collusion, and submitting an assessment item completed by another person (e.g. contract cheating). It can also include providing your assessment to another entity, such as to a person or website.

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.

Further details of QUT’s approach to academic integrity are outlined in the Academic integrity policy and the Student Code of Conduct. Breaching QUT’s Academic integrity policy is regarded as student misconduct and can lead to the imposition of penalties ranging from a grade reduction to exclusion from QUT.

Resources

Resource Materials

Prescribed text(s)

Kelley Burton, Thomas Crofts and Stella Tarrant, Principles of Criminal Law in Queensland and Western Australia (Thomson Reuters, 3rd ed, 2020)

Recommended text(s)

Eric Colvin, John McKechnie and Elizabeth Greene, Criminal Law in Queensland and Western Australia - Cases and Commentary (LexisNexis Butterworths, 9th ed, 2021)

John Devereux and Meredith Blake, Kenny: Criminal Law in Queensland and Western Australia (LexisNexis Butterworths, 9th ed, 2016)

Soraya M Ryan, Anthony Rafter, John J Costanzo, Brian Devereux, Tony Moynihan, Andrew Hoare, Carter's Criminal Law of Queensland (LexisNexis Butterworths, 24th ed, 2021)

Risk Assessment Statement

You should be aware that some content in this unit may be confronting to certain audiences.  Please exercise your own discretion regarding content and when participating in classroom activities or discussions and, if appropriate, advise teaching staff if you do not wish to participate.  If you are concerned that the unit content may impact on your completion of the unit, please contact the unit coordinator.

Course Learning Outcomes

LW36 Bachelor of Laws (Honours)

1. The essential principles and doctrines of Australian law and the Australian legal system
   Relates to: ULO1, Oral Advocacy Exercise, Appellate Brief, Final Examination
2. The application, operation and evolution of law in diverse and changing contexts
   Relates to: ULO1, Oral Advocacy Exercise, Appellate Brief, Final Examination
3. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
   Relates to: ULO2, Oral Advocacy Exercise, Appellate Brief, Final Examination
4. Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
   Relates to: ULO2, Oral Advocacy Exercise, Appellate Brief, Final Examination
5. Selecting and using contemporary technologies to effectively search, organise and use information
   Relates to: ULO3, Oral Advocacy Exercise, Appellate Brief
6. Selecting and applying appropriate research methods
   Relates to: ULO3, Oral Advocacy Exercise, Appellate Brief
7. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
   Relates to: ULO4, Oral Advocacy Exercise, Appellate Brief, Final Examination
8. Using effective oral, visual and other professional communication in diverse contexts
   Relates to: ULO4, Oral Advocacy Exercise, Appellate Brief, Final Examination

LW37 Bachelor of Laws (Honours) (Graduate Entry)

1. The essential principles and doctrines of Australian law and the Australian legal system
   Relates to: ULO1, Oral Advocacy Exercise, Appellate Brief, Final Examination
2. The application, operation and evolution of law in diverse and changing contexts
   Relates to: ULO1, Oral Advocacy Exercise, Appellate Brief, Final Examination
3. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
   Relates to: ULO2, Oral Advocacy Exercise, Appellate Brief, Final Examination
4. Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
   Relates to: ULO2, Oral Advocacy Exercise, Appellate Brief, Final Examination
5. Selecting and using contemporary technologies to effectively search, organise and use information
   Relates to: ULO3, Oral Advocacy Exercise, Appellate Brief
6. Selecting and applying appropriate research methods
   Relates to: ULO3, Oral Advocacy Exercise, Appellate Brief
7. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
   Relates to: ULO4, Oral Advocacy Exercise, Appellate Brief, Final Examination
8. Using effective oral, visual and other professional communication in diverse contexts
   Relates to: ULO4, Oral Advocacy Exercise, Appellate Brief, Final Examination

LW38 Bachelor of Laws (Honours)

1. The essential principles and doctrines of Australian law and the Australian legal system
   Relates to: Oral Advocacy Exercise, Appellate Brief, Final Examination
2. The application, operation and evolution of law in diverse, changing and global contexts
   Relates to: ULO1, Oral Advocacy Exercise, Appellate Brief, Final Examination
3. Using legal reasoning and critical thinking in applying law to legal problems and providing legal advice
   Relates to: ULO2, Oral Advocacy Exercise, Appellate Brief, Final Examination
4. Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
   Relates to: ULO2, Oral Advocacy Exercise, Appellate Brief, Final Examination
5. Selecting and using contemporary technologies to effectively search, organise and use information
   Relates to: ULO3, Oral Advocacy Exercise, Appellate Brief
6. Selecting and applying appropriate research methods
   Relates to: ULO3, Oral Advocacy Exercise, Appellate Brief
7. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
   Relates to: ULO4, Oral Advocacy Exercise, Appellate Brief, Final Examination
8. Using effective oral, visual or other professional communication in diverse contexts
   Relates to: ULO4, Oral Advocacy Exercise, Appellate Brief, Final Examination

LW39 Bachelor of Laws (Honours) (Graduate Entry)

1. The essential principles and doctrines of Australian law and the Australian legal system
   Relates to: Oral Advocacy Exercise, Appellate Brief, Final Examination
2. The role of law in achieving sustainable futures 
   Relates to: ULO1, Oral Advocacy Exercise, Appellate Brief, Final Examination
3. Using legal reasoning and critical thinking in applying the law to legal problems and providing legal advice
   Relates to: ULO2, Oral Advocacy Exercise, Appellate Brief, Final Examination
4. Thinking creatively to resolve disputes and address clients’ needs, taking into account legal and non-legal considerations
   Relates to: ULO2, Oral Advocacy Exercise, Appellate Brief, Final Examination
5. Selecting and using contemporary technologies to effectively search, organise and use information
   Relates to: ULO3, Oral Advocacy Exercise, Appellate Brief
6. Selecting and applying appropriate research methods
   Relates to: ULO3, Oral Advocacy Exercise, Appellate Brief
7. Knowing and using academic and legal writing conventions and communicating clearly, concisely and persuasively in written forms
   Relates to: ULO4, Oral Advocacy Exercise, Appellate Brief, Final Examination
8. Using effective oral, visual and other professional communication in diverse contexts
   Relates to: ULO4, Oral Advocacy Exercise, Appellate Brief, Final Examination