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Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Advanced

Former School/College

Former School of Law and Justice

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.

GA1: , GA2: , GA3: , GA4: , GA5: , GA6: , GA7:
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:

  1. Understand and apply the method of comparative legal analysis to substantive criminal law.
    • GA1:
  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.
    • GA4:
  3. Critically evaluate and compare the laws of the various jurisdictions studied for the purpose of suggesting legal reform.
    • GA2:
  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.
    • GA1:
  5. Demonstrate high level skills in legal research, writing and argument.
    • GA1: