Criminal LAWS

LAWS1022, S1 2014, Class 1

Keiran Hardy
Class Times
Law Room 162, Mon/Thurs, 2pm4pm
Law Room 162, Mon/Thurs, 4pm6pm
k.a.hardy@unsw.edu.au

Course Description
This course follows from LAWS1021 / JURD 7121 Crime and the Criminal Process,
and applies the perspectives and themes of that course to the doctrinally central
criminal offences and defences. These are examined in a contextual framework
that emphasises the policy and social issues underpinning the development and
application of the law. This critical approach allows students to appreciate a
complex set of conflicting ideologies, principles, discretion and histories informing
the criminal law. The course draws on materials from other disciplines especially
criminology, history, sociology and feminist theory, which enhance students
appreciation of the law in context. Social issues including race, class and gender are
stressed. Comparisons with jurisdictions other than NSW are undertaken where this
highlights relevant policy issues, legislative alternatives, or demonstrates the
contingent nature of the law in question. Throughout, detailed doctrinal analysis of the
chosen offences/defences takes place and students develop the skills of legal
element analysis of both statutory and common law offences and defences.

Course Structure/Topics
Homicide
Defences (mental illness, automatism, self-defence,
provocation, substantial impairment, intoxication)
Assault (incl aggravated assault, domestic violence)
Sexual Assault
Dishonest Acquisition
Extending Criminal Liability (incl complicity)
Sentencing

Course Assessment
Class Participation (10%)
Research Essay (30%)
1500 words on a topic to be determined
Due 4pm Tuesday 16 September 2014 (Wk 8)
Exam (60%)
In exam period (check exam timetable)

Class Participation =

Being prepared for class

Showing evidence that you have read materials
Contributing to class discussion
Asking questions
Respecting the views of others
Giving others an opportunity to participate

CP

Options:
Online forum?
Group presentations?
Individual presentations?
Reflective notes?

Reading Materials
Main text:
Brown et al, Criminal Laws: Materials and
Commentary on Criminal Law and Process in New
South Wales, (5th edition, Federation Press,
2011).
Supplementary materials (as needed, check Moodle/reading
guide)
Recommended:
RN Howie and PA Johnson, Annotated Criminal
Legislation NSW (2013/14) (Butterworths)

Plagiarism

Plagiarism is taking the words of others and passing them off as if

they are your own
Plagiarism =
Copying words from textbook or other academic sources into
assessments
Paraphrasing without referencing source
Collusion (where leads to same response in assessments)
Intentional vs Unintentional
Be careful when making notes
Beware online study guides
What about final exam? Acknowledgement in-text but not AGLC

Plagiarism

Reasons?
Pressure of marks
Lack of time
Language difficulties
Reasons for referencing?
More information: https://student.unsw.edu.au/plagiarism

Student Study and Welfare Services

Learning Centre: offers academic skills support to all students

enrolled at UNSW: http://www.lc.unsw.edu.au

Peer mentoring (UNSW Law): assists new students with their

transition into law and university life.

Student Equity and Disabilities Unit (SEADU): you may wish

to register with SEADU if you have a disability, or experience
difficult personal circumstances, that may impact on your studies.
SEADU can offer support and advice about adjustments that will
help you complete your studies.

Counselling service: appointments are free for current UNSW

students.