Criminal Law & Procedure

Semester 2
Seminar 1: Introduction
Bruce Ossie Oswald

INTRODUCTION
Contact with me

Email or phone prefer email.

State what it is that you wish to discuss
Best times to see me are Thurs and Fri
Contact details:
Email: b.oswald@unimelb.edu.au
Phone: x 41135
Room: 0940

Subject coordinator: Peter Rush

Introduction Questions
CLASS EXERCISE
What do you expect to learn about law and about
crime in your study of criminal law?
To what extent, if any, is the attribution of
criminal liability to particular people controlled
by rules?
Can you imagine a society without criminal law?
How are crimes created?

PROCESS OF TEACHING
Seminars:
Emphasis on discussion
Need to prepare
Using the reading guide
Respect for others views
Feedback in and outside class
AT THE VERY LEAST WE WILL DEAL WITH THE
ESSENTIAL READING IN CLASS. It is a matter for you
whether you do the Recommended Reading and refer to the
Supporting References.

Feedback Opportunities

Class discussion
Small group work in and out of class
Individual and group appointments
Written comments on assessed work
Mark received on assessed work
Feedback exercise in seminar 16

COURSE OVERVIEW

What is criminal law?

What is criminal procedure?
Why do we need to study it?
What tensions exist in criminal law?
Examples where these tensions exits:
Dealing with children accused of committing criminal
offences
Euthanasia
Extending criminal liability to cooperation

AIM OF THE COURSE

UNDERSTAND AND DISCUSS
Formal legal structures and categories of
criminal liability
Social contexts and cultural values which apply
to the attribution of criminal responsibility
Effects of legal institutions attribution of
criminal responsibility for both individuals and
groups within the community

TEXT BOOK AND

MATERIALS
Course book Waller and Williams
Reading Guide note legend
Collection of review questions
Tutorial booklet
Assessment guide

Additional materials
Crimes Act 1958
Whatever else you want to use

Newspapers
TV
Books
Family and discussions with mates

REQUIREMENTS
Required to do the ESSENTIAL
READING
Strongly advised to read some of the
supplementary material
Further reading is for interest and writing
essays

ASSESSEMENT
Compulsory exam: 100%
3 hours of writing, + 30 mins reading

REFER TO THE COURSE

ADMINISTRATION NOTES

SKELETON OF SUBSTANTIVE
CRIMINAL LAW

Mens rea
Actus reus
Defences
Strict and absolute
liability offences
Complicity
Inchoate crimes

CRIMINAL PROCEDURE

Institutional arrangement of criminal process

Burdens and standards of proof
Law of arrest
Court process relating

Committal proceedings
Hearing summary offences
Trials of indictable offences
Appellate structures and reasoning

Reading for Seminar 2

Rush: Introductory essay in AM
Crimes Act 1958 (Vic) ss 16.