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45 Pages • Complete Study Notes • Year: Pre-2021
This subject deals with substantive criminal law and criminal procedure. The substantive law element examines the principles of criminal liability, specific criminal offences – principally homicide, assaults and property offences – complicity and defences. The criminal procedure element covers limited aspects of policing powers, prosecution and bail. The primary source of criminal law in NSW is the Crimes Act 1900 (NSW), although some criminal offences and defences, as well as broader doctrines and principles of criminal responsibility, are defined through the common law. Accordingly, students engage in both statutory interpretation and case law analysis. Students are encouraged throughout class discussion to contextualise their understanding of the legal principles and processes through consideration of the aims of criminal justice and the social, political and historical factors contributing to the development and reform of criminal law. Criminal law and procedure is one of the subject requirements for admission as a legal practitioner in all Australian jurisdictions. Accordingly, this subject is part of the core program for the Bachelor of Laws and Juris Doctor degrees. It provides students with the requisite knowledge of criminal law and procedure to prepare graduates for professional practice in the field. Additionally, students are introduced to the task of analysing and responding to legal problems, thus developing skills in interpreting factual scenarios, identifying relevant legal issues, and applying rules to the facts to formulate a sound legal position. These problem-solving techniques provide a foundation for legal problem-solving in other substantive law subjects. Legal problem-solving is an essential skill in legal practice when delivering legal advice or representing a client. Equally important is the ability of students to effectively communicate the process and results of legal problem-solving, which is developed through the class discussions – structured around discussion questions and problem-solving exercises – and through each of the assessment tasks. The teaching strategies are also designed to encourage students to collaborate in both critical evaluation and legal problem-solving.
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