LAWGENRL 414 : “Justice” in Sentencing

Law

2025 Semester Two (1255) (15 POINTS)

Course Prescription

Concepts of “Justice” in the sentencing process in Aotearoa are examined and critiqued from multiple perspectives with a particular focus on te ao Māori and an emphasis on the practical elements involved in sentencing advocacy.

Course Overview

This course examines how people are sentenced in Aotearoa New Zealand through focusing on specific topics in sentencing including:

1. an introduction to the sentencing process and the goals of sentencing
2. the use of guideline judgments
3. the treatment of personal and cultural information
4. the role of the judge, the prosecutor, and the defence lawyer
5. discharge without conviction applications
6. sentencing in the Youth Court
7. victims' roles in the criminal justice system

A consistent theme of the course is whether the sentencing process (as a whole and in its component parts) achieves justice.
The course will present a diverse range of perspectives from those who are participants in the criminal justice system.

Course Requirements

Prerequisite: LAW 201 Restriction: LAWGENRL 456

Capabilities Developed in this Course

Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and evaluate some of the underlying theoretical justifications underpinning the sentencing process (Capability 3.1, 3.2, 4.1, 4.2 and 6.1)
  2. Articulate and apply key legal principles and concepts that relate to the factual scenarios in order to reach reasoned solutions and make reasoned recommendations (Capability 3.1, 3.2, 4.1, 4.2, 5.1, 6.1 and 8.1)
  3. Identify, critique and evaluate New Zealand’s approach to sentencing and whether sentencing achieves justice (Capability 3.1, 3.2, 4.1, 4.2, 5.1, 6.1 and 8.1)

Assessments

Assessment Type Percentage Classification
Quizzes 10% Individual Coursework
Essay 40% Individual Coursework
Submission 50% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3
Quizzes
Essay
Submission

Workload Expectations

This is a standard 15-point course. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience

Attendance is expected for lectures (NB: 10% of your course grade is based on participation in class.)
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.

Course materials will be available electronically only and students are welcome to print them.  There is no set text book, although students may be assisted by J Finn & D Wilson "Sentencing law in New Zealand" (Thomson Reuters, 2021).

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.

Students will be advised of any changes or improvements to the course based on feedback from students.

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 04/11/2024 11:48 a.m.