LAW 201A/B : Criminal Law

Law

2025 Semester One (1253) / Semester Two (1255) (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 the general principles of criminal law, including actus reus, mens rea and the burdens and standards of proof. 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 briefly considers the constitutional foundations of the criminal law in Aotearoa New Zealand, including the pre-existing laws of tikanga Māori and te Tiriti o Waitangi. 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: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 7: Collaboration
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Critically discuss the history, operation and impact of the criminal justice system in Aotearoa New Zealand today. (Capability 1.1, 1.2, 2.1, 3.1, 4.2 and 8.1)
  2. Locate, analyse and apply the law on particular offences and defences to novel fact situations in order to determine the likely outcome. (Capability 1.1, 3.1, 3.2, 4.1, 4.2 and 8.1)
  3. Apply the basic principles and processes of sentencing law in order to advocate effectively for either the Crown prosecutor or a client during a sentencing matter. (Capability 1.1, 1.2, 3.1, 3.2, 4.1, 5.1, 6.1, 7.1 and 8.1)

Assessments

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

Students must complete a Sentencing Observation Quiz to pass the course.

Workload Expectations

This is a standard 30-point course. There will be around 72 hours of lectures and workshops 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

Attendance is expected at scheduled activities including all lectures, workshops and tutorials. This course is not designed to be taken as a correspondence course.
Lectures will be available as recordings - although these are made available for those unforeseen occasions where students are unable to attend class in person due to illness or other unexpected events. Other learning activities, including tutorials and workshops, will not be available as recordings.
Attendance on campus is required for the test and exam.
The activities for the course are scheduled as a standard weekly timetable.

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 (this can be accessed for free online) and Julia Tolmie, Kris Gledhill, Fleur Te Aho and Khylee Quince, Criminal Law in Aotearoa New Zealand LexisNexis 2022. Additional cases and articles will be made available via the Talis reading list on Canvas.

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.

There will be no changes made to the course this year as a result of student feedback, as the feedback we received at the end of 2023 and the subsequent changes made to the rooms where workshops are held have been successful which is reflected in the student feedback.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework, tests and examinations 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. A student's assessed work may be reviewed against electronic source material using computerised detection mechanisms. Upon reasonable request, students may be required to provide an electronic version of their work for computerised review.

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 your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, 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 you may be asked to submit your 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. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 01/11/2024 08:09 p.m.