Criminal Law

You are viewing an older version of this academic item. To access a different version, adjust the year in the field above. For handbooks published prior to 2023, click the "Previous Handbooks" button at the bottom of the page.

Abstract

This subject introduces students to the general principles of substantive criminal law in NSW, the doctrines and rules that define criminal liability, and it examines these in their historical, contemporary, social and political context. This area of study includes a selection of substantive offences: the offences of dishonesty, unlawful homicides, and sexual and non-sexual non-fatal offences against the person. Students will examine the extended forms of criminal liability and the defence of criminal matters. Public policy implications and contemporary law reform initiatives in respect of criminal defences will also be considered.

Syllabus

Criminalisation, defining crime and sources of Australian criminal lawDetermining criminal responsibility: elements of criminal liabilityClassification of crimes, strict liability and absolute offences, and the burden of proofNon-fatal offences against the person: assault and aggravated assault, and sexual offencesProperty offences: larceny, robbery, breaking and entering, and fraud and related offencesExtending criminal … For more content click the Read More button below.

Criminalisation, defining crime and sources of Australian criminal law
Determining criminal responsibility: elements of criminal liability
Classification of crimes, strict liability and absolute offences, and the burden of proof
Non-fatal offences against the person: assault and aggravated assault, and sexual offences
Property offences: larceny, robbery, breaking and entering, and fraud and related offences
Extending criminal responsibility: attempt, conspiracy, complicity
Homicide
Defences: self-defence, provocation, duress and necessity, fitness to be tried
Mental state defences: intoxication, mental illness, substantial impairment by abnormality of mind and automatism
Legislation and contemporary criminal law reform

Learning outcomes

Upon successful completion of this subject, students should:

be able to demonstrate a broad understanding of the structure and rationale of New South Wales substantive criminal law that arise from statutes and common law

be able to identify and explain the relevant provisions of the Crimes Act 1900 (NSW)

be able to identify and evaluate the historical, social, political, and ethical factors that impact upon our contemporary understanding of the operation of substantive criminal law

be able to plan and apply effective strategies in the research of substantive criminal law scenarios including offences and appropriate defences

be able to explain the effect of general doctrines of complicity and preparatory offences

be able to distinguish civil wrongs from criminal wrongs by defining crime and the criminalisation process within the Australian criminal context

be able to explain the impact of public policy and law reform

Learning activities

LAW113