Outline

Overview

This unit of study is designed to introduce students to the general principles of criminal law in NSW, and to facilitate critical analysis of the criminal law in this state. To achieve this, the unit will consider a range of theoretical literature, as well as critical commentary, and it will focus on particular substantive criminal law topics. Although the topic structure is necessarily selective, it is intended that students will gain a broad understanding of crime and justice issues, as well the ability to apply the criminal law to hypothetical scenarios. Students will be encouraged to challenge conventional wisdom and to think deeply about the law's approach to various issues of criminal responsibility. This unit of study is designed to assist students to develop: (1) a critical appreciation of certain key concepts which recur throughout the substantive criminal law; (2) knowledge of the legal rules in certain specified areas of criminal law and their application; (3) preliminary knowledge of how the criminal law operates in its broader societal context; and (4) an understanding of how criminal liability is determined. The course has a critical focus. The contradictions presented by the application of legal principle to complex social problems will be investigated.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS5000 and LAWS5003
Corequisites ?	None
Prohibitions ?	LAWS1003 or LAWS1016 or LAWS2001 or LAWS2009
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Ben Mostyn, benjamin.mostyn@sydney.edu.au
Lecturer(s)	Louise Cauchi, louise.cauchi@sydney.edu.au
	Ross Abbs, ross.abbs@sydney.edu.au
	Adam Booker, adam.booker@sydney.edu.au
	Ben Mostyn, benjamin.mostyn@sydney.edu.au
	Vered Lalrinpuii, vered.lalrinpuii@sydney.edu.au
	Saskia Hufnagel, saskia.hufnagel@sydney.edu.au
	Alexander Kuklik, alex.kuklik@sydney.edu.au

Assessment

The census date for this unit availability is 2 September 2024

Details
Criteria

Type	Description	Weight	Due	Length
Supervised exam ?	Final Exam (50%) Supervised, pen and paper exam	50%	Formal exam period	2 hours
Outcomes assessed:
Presentation	Structured Class participation (10%) Class participation	10%	Ongoing	One or two classes
Outcomes assessed:
Small test	Early Feedback Task (0%) #earlyfeedbacktask	0%	Week 03 Due date: 18 Aug 2024 at 23:59 Closing date: 18 Aug 2024	10 questions / multiple attempts
Outcomes assessed:
Assignment	Interim Assignment (40%) Written task	40%	Week 06 Due date: 06 Sep 2024 at 23:59 Closing date: 20 Sep 2024	2000 words / 4 weeks
Outcomes assessed:

Assessment summary

Early Feedback Task (0%) : As part of our commitment to student success, this unit includes a required Early Feedback Task. This task is designed to provide students with timely insights into their understanding and engagement with the unit content. It serves as a diagnostic tool to identify areas of strength and areas needing improvement, ensuring that each student is on track for successful completion of the unit.

The Early Feedback Task in this unit is a multiple-choice quiz of ten [10] questions tailored to reflect key concepts from seminars 1 – 6 (that is, materials covered up to and including week 3 of the term). You will have multiple attempts complete the task. The task will be available on Canvas from 12 August to 18 August 2024 (Sydney Australia time). Students will be provided with immediate, automated feedback, upon completion of the task.

Structured Class participation (10%) Active participation throughout the semester is an essential component for completing LAWS1016/LAWS5004 successfully. Students will be allocated a seminar group they are required to remain in for the duration of the semester. Students will need to demonstrate they are prepared for seminars by completing the required readings, making quality contributions to discussions, and engaging with their peers. Students will be scheduled as on-call for up to two [2] seminars requiring them to arrive in class having

Completed the required readings for the week/topic(s)
Prepared potential responses to questions about the readings/topic(s)
Prepared potential questions that seek to clarify elements of the readings/topic(s).

Students will be asked to reflect on and self-assess their participation and contributions to seminars over the semester and provide a justification for their mark. Reflections/Self-assessments must be submitted via Canvas no later than 3rd November 2024, by 11:59pm (Sydney, Australia time). Instructions and more information on the participation component of the unit will be discussed in class and will be available on the unit Canvas site (see also below).

Interim Assignment (40%) Students are required to submit a 2000-word (excluding references) response to a research and problem question. The question will be released by Friday 9 August 2024 Sydney, Australia time.
The due date for submissions is 6 September 2024 at 11.59 pm Sydney, Australia time.

Final Exam (50%) Students will be required to complete an examination during the examination period (11-23 November 2024 Sydney, Australia time). The duration of the examination will be 2 hours plus 30 minutes reading time. Total duration is 2.5 hours.
All material addressed in the unit will be examinable. It will be an open book exam (hard copy/printed materials only, no electronic devices). The exam timetable will be released by the Exams Office in due course. For further information, please refer to the Exam Timetable: https://www.sydney.edu.au/students/exams/timetables.html

Additional Information

Teaching and Learning Strategy in Criminal Law

Criminal Law is taught in small groups. This provides the opportunity for class discussion and engagement. This is a core component of the learning strategy. You will be expected to do the required readings before class, and to generate your own notes. This means that you will need to prepare before class and to participate in class discussions.

The Reading Guide includes questions and problems that are relevant to the various topics that we consider. You are encouraged to draft written answers to these questions and problems as part of your own preparation both for class and the final exam. Each week, one question has been starred. depending on your lecturer’s approach, this question might provide a basis for class discussion.

Criteria for Assessment of Class Participation

The criteria are very similar to those that are applied when assessing students’ written work. We will reward lucid, thoughtful contributions, which demonstrate an understanding of the compulsory reading material for the unit of study.

Students will be assessed on the quality rather than the quantity of their contributions. Nevertheless, it is difficult to award high marks to students who are absent or who regularly fail to participate in seminar discussions.

The following provides some indication of the type of performance in class that is associated with particular marks out of ten for class participation.

0 – 2 Unacceptable level of absence from seminars. Participation virtually non-existent. Little, if any, preparation. Obvious lack of commitment to the Unit.

2.5 – 5 Irregular attendance without explanation. Inconsistent preparation. Evidence of a poor understanding of the material covered in the seminars.

5.5 – 7 Regular attendance, with reasonable level of preparation. Participates in seminar discussions, but sometimes exhibits some lack of comprehension of the topic. Adequate participation in seminar exercises.

7.5 – 8 Regular attendance and preparation. Demonstrates a reasonable comprehension of topics under consideration.

8.5 –10 Regular attendance. High quality participation based upon thorough preparation. Demonstrates an excellent comprehension of topics under consideration. Evidence of a critical and/or original approach to such topics.

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).

Use of editors or proof-readers: In completing unsupervised assessments, students may use editors, proof-readers, and automated writing tools (including translation software, grammar checkers, reference generators and artificial intelligence), provided that all use is acknowledged and consistent with University policies and procedures including Academic Integrity Policy. Acknowledgment must be made in writing on the front of the work submitted for assessment, or in an appropriate footnote or other reference, and state the name of the person or software.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name	Mark range	Description
High distinction	85 - 100	• Completely answers the question. • Contains striking originality of approach or analysis. • Demonstrates exhaustive or innovative research (where independent research required). • Exceptionally well written, structured and expressed. • Is otherwise exceptional in some way.
Distinction	75 - 84	• Completely answers the question. • Achieves a critical and evaluative approach to the issues. • Content and structure is well organised in support of the argument. • Demonstrates extensive research and analysis to support a well-documented argument. • Generally well expressed and free from errors. • Has a clear structure and is well articulated.
Credit	65 - 74	• Covers main issues fairly well in answering the question. • Contains no significant errors • Demonstrates an attempted critical approach to the issues. • Demonstrates reasonably sound research and analysis in addressing the key issues. • Has a clear structure and reasonably clear expression.
Pass	50 - 64	• Identifies the key issues, but does not follow through with a reasoned argument. • Contains some significant errors. • Displays satisfactory engagement with the key issues. • Offers descriptive summary of material relevant to the question. • Superficial use of material, and may display a tendency to paraphrase. • Demonstrates little evidence of in-depth research or analysis. • Adequate expression. • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.
Fail	0 - 49	• Does not answer the question. • Contains significant or numerous errors. • Few or no identifiable arguments. • Content that is inappropriate or irrelevant. • Lack of research or analysis. • Difficult or impossible to understand through poor grammar, expression or structure. • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

Deduction of 5% of the maximum mark for each calendar day after the due date.
After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after 11:59 pm but before the same time the following day will attract a 10% penalty. Late penalties will be strictly applied. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission. Late submissions do not apply to the exam, which will not be accepted if submitted after the deadline.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Learning support

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

Weekly schedule

WK	Topic	Learning activity
Week 01	Introduction: crime, law and morality	Seminar (2 hr)
Week 01	The scope and principles of criminal law	Seminar (2 hr)
Week 02	The elements of criminal offences 1	Seminar (2 hr)
Week 02	The elements of criminal offences 2	Seminar (2 hr)
Week 03	Homicide 1: murder	Seminar (2 hr)
Week 03	Homicide 2: unlawful and dangerous act manslaughter; gross negligence manslaughter	Seminar (2 hr)
Week 04	Problem-solving class	Seminar (2 hr)
Week 04	Assault, wounding and GBH offences/sexual offences	Seminar (2 hr)
Week 05	Assault, wounding and GBH offences/sexual offences	Seminar (2 hr)
Week 05	Sexual offences	Seminar (2 hr)
Week 08	Larceny	Seminar (2 hr)
Week 08	Extending criminal liability: complicity	Seminar (2 hr)
Week 09	Problem-solving class	Seminar (2 hr)
Week 09	Extreme provocation	Seminar (2 hr)
Week 11	Self-defence	Seminar (2 hr)
Week 11	Duress and necessity	Seminar (2 hr)
Week 12	Mental Health Impairment or Cognitive Impairment and Substantial Impairment by Mental Health Impairment or Cognitive Impairment	Seminar (2 hr)
Week 12	Automatism (involuntariness)	Seminar (2 hr)
Week 13	The use of evidence of (1) mental illness or (2) self-induced intoxication to negate intent	Seminar (2 hr)
Week 13	Revision	Seminar (2 hr)

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking the final assessment.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4.

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit, other than those included in the prescribed text book, can be accessed through the Library Reading List, available on Canvas.

The prescribed text is David Brown et al, Criminal Laws, (Federation Press, 7 th ed, 2020).

Learning outcomes

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

Outcomes
Graduate qualities

At the completion of this unit, you should be able to:

LO1. Understand how the criminal law of New South Wales operates.
LO2. Analyse criminal law cases and interpret criminal statutes.
LO3. Apply the law to factual scenarios in problem questions to develop your problem solving skills.
LO4. Communicate both orally and in writing in ways that are effective and persuasive.
LO5. Critically analyse the scope and content of the criminal law by drawing on various normative and explanatory theories.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1	Depth of disciplinary expertise Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.
GQ2	Critical thinking and problem solving Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.
GQ3	Oral and written communication Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.
GQ4	Information and digital literacy Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.
GQ5	Inventiveness Generating novel ideas and solutions.
GQ6	Cultural competence Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.
GQ7	Interdisciplinary effectiveness Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.
GQ8	Integrated professional, ethical, and personal identity An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.
GQ9	Influence Engaging others in a process, idea or vision.

Outcome map

Learning outcomes	Graduate qualities
Learning outcomes

Responding to student feedback

This section outlines changes made to this unit following staff and student reviews.

Final assessment has been changed. The midterm assessment has been changed to incorporate more problem solving.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS5004: Criminal Law

Semester 2, 2024 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect