LAW 201A/B : Criminal Law

Law

2023 Semester One (1233) / Semester Two (1235) (30 POINTS)

Course Prescription

An introduction to the principles and practice of criminal law in Aotearoa New Zealand, including an analysis of a selection of offences, criminal defences and the rules attributing criminal liability. Apart from the rules concerning burden of proof and an introduction to the principles and process of sentencing, no detailed study is made in this course of the law of evidence or procedure.

Course Overview

This course provides an introduction to the substantive criminal law in Aotearoa New Zealand. Students will become familiar with general principles of criminal law, including actus reus, mens rea, burdens and standards of proof, and party liability.

The course covers a selection of indictable offences (homicide, assault, sexual offences and property offences), and some general criminal defences (self-defence, “intoxication”, compulsion and necessity). It provides a general introduction to the law on sentencing. The course also examines issues concerning tikanga Māori, te Tiriti o Waitangi and the Crimes Act 1961. General issues relating to social justice are raised throughout the course. 

Course Requirements

Corequisite: LAW 298 or 299 To complete this course students must enrol in LAW 201 A and B

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Develop and demonstrate a knowledge of the general principles of criminal law and an in depth understanding of particular offences and defences (Capability 1.2, 1.3, 2.1, 3.2, 4.1 and 5.2)
  2. Develop the ability to apply the rules and principles of criminal law to a fact situation in order to suggest the likely legal outcome (Capability 1.3, 2.1, 2.3, 3.1, 3.3 and 4.1)
  3. Develop and demonstrate an understanding of the basic principles of sentencing law and the ability to use the law to advocate for a client at sentencing (Capability 1.2, 1.3, 2.3, 3.2, 3.3, 4.1, 5.1 and 5.2)
  4. Develop a critical understanding of the place and operation of the criminal justice system in Aotearoa New Zealand today. (Capability 1.1, 1.3, 2.2, 3.1, 6.1, 6.2 and 6.3)

Assessments

Assessment Type Percentage Classification
Test 20% Individual Coursework
Sentencing submission (written) 10% Individual Coursework
Sentencing Submission (oral) 20% Individual Coursework
Final Examination 50% Individual Examination
Sentencing observation exercise Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4
Test
Sentencing submission (written)
Sentencing Submission (oral)
Final Examination
Sentencing observation exercise

Workload Expectations


This is a 30-point course. There will be around 72 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 300 hours.

Delivery Mode

Campus Experience

The course is taught and assessed in person on campus (except for those students who have prior approval from Campus Care to learn online in Semester 1). Lectures and workshops will be available as recordings. Other learning activities including tutorials will not be available as recordings.

Attendance on campus is required for the test, sentencing submission (oral) and final examination.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

The Crimes Act 1961
Tolmie, Gledhill, Te Aho and Quince, Criminal Law in Aotearoa New Zealand (LexisNexis, 2022)

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Changes to the course that will be made in 2023 based on feedback from students in 2022 include more opportunities for consolidating the course content throughout the year, such as through class discussion and working through practice problem questions. The move from a lecture delivery model to a lecture plus workshop delivery model will facilitate this change.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 28/10/2022 10:28 a.m.