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Not currently available in 2016
Unit Summary
Unit type
UG Coursework Unit
Credit points
12
AQF level
Level of learning
Advanced
Former School/College
Pre-requisites
LAW10002 - Australian Criminal Law I AND LAW10004 - Australian Criminal Law II OR LAW00050 - Criminal Process AND 84 credit points in any 7 units
Unit aim
This Unit builds on a student’s prior knowledge of criminal law by comparing selected principles of the law with those found in a variety of jurisdictions. The insights gained by students from comparative analyses of these principles will sharpen their appreciation of the strengths and weaknesses of the criminal law of particular jurisdictions, and enhance their ability to view law from wider theoretical, sociological and reform perspectives.
Unit content
Topic 1 - “Getting to know you” and aims, content and structure of the module
The concept, function, aims and method of comparative criminal law
Topic 2 - The Fault Elements for Murder
Topic 3 - The Fault Elements of Criminal Medical Negligence
Topic 4 - The Fault Elements of Rape/Sexual Assault
Topic 5 - Principles of Causation
Topic 6 - The Objective Requirements of Provocation
Topic 7 - Private Defence
Topic 8 - Defences of Duress and Necessity
Topic 9 - Mental Disorder Defences
Topic 10 - Special Homicide Offences: Australian Perspectives
Topic 11 - The German Law of Homicide and Attendant Defences
Topic 12 - The Dutch Law of Homicide and Attendant Defences
Learning outcomes
Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.
| On completion of this unit, students should be able to: | GA1 | GA2 | GA3 | GA4 | GA5 | GA6 | GA7 | |
|---|---|---|---|---|---|---|---|---|
| 1 | Understand and apply the method of comparative legal analysis to substantive criminal law. | |||||||
| 2 | Identify and describe some of the main principles of criminal responsibility in Australia, Canada, England, India, Singapore, Malaysia, New Zealand, Germany and the Netherlands through the study of criminal law theory, legal history and certain major crimes and defences. | |||||||
| 3 | Critically evaluate and compare the laws of the various jurisdictions studied for the purpose of suggesting legal reform. | |||||||
| 4 | Critically appraise and compare the social and political contexts in which the criminal law operates in each jurisdiction studied and evaluate the influence of these factors on criminal law in those jurisdictions. | |||||||
| 5 | Demonstrate high level skills in legal research, writing and argument. | |||||||
On completion of this unit, students should be able to:
-
Understand and apply the method of comparative legal analysis to substantive criminal law.
- GA1:
-
Identify and describe some of the main principles of criminal responsibility in Australia, Canada, England, India, Singapore, Malaysia, New Zealand, Germany and the Netherlands through the study of criminal law theory, legal history and certain major crimes and defences.
- GA4:
-
Critically evaluate and compare the laws of the various jurisdictions studied for the purpose of suggesting legal reform.
- GA2:
-
Critically appraise and compare the social and political contexts in which the criminal law operates in each jurisdiction studied and evaluate the influence of these factors on criminal law in those jurisdictions.
- GA1:
-
Demonstrate high level skills in legal research, writing and argument.
- GA1: