Unit outline_

LAWS5004: Criminal Law

Semester 2, 2025 [Normal day] - Camperdown/Darlington, Sydney

This unit of study is designed to introduce students to the general principles of criminal law in NSW, and to facilitate critical analysis of the criminal law in this state. To achieve this, the unit will consider a range of theoretical literature, as well as critical commentary, and it will focus on particular substantive criminal law topics. Although the topic structure is necessarily selective, it is intended that students will gain a broad understanding of crime and justice issues, as well the ability to apply the criminal law to hypothetical scenarios. Students will be encouraged to challenge conventional wisdom and to think deeply about the law's approach to various issues of criminal responsibility. This unit of study is designed to assist students to develop: (1) a critical appreciation of certain key concepts which recur throughout the substantive criminal law; (2) knowledge of the legal rules in certain specified areas of criminal law and their application; (3) preliminary knowledge of how the criminal law operates in its broader societal context; and (4) an understanding of how criminal liability is determined. The course has a critical focus. The contradictions presented by the application of legal principle to complex social problems will be investigated.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS5000 and LAWS5003
Corequisites
? 
None
Prohibitions
? 
LAWS1003 or LAWS1016 or LAWS2001 or LAWS2009
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Tyrone Kirchengast, tyrone.kirchengast@sydney.edu.au
Lecturer(s) Gail Mason, gail.mason@sydney.edu.au
Tyrone Kirchengast, tyrone.kirchengast@sydney.edu.au
Alexander Kuklik, alex.kuklik@sydney.edu.au
Carolyn McKay, carolyn.mckay@sydney.edu.au
Roy Williams, roy.williams@sydney.edu.au
Adam Booker, adam.booker@sydney.edu.au
Brendan Loizou, brendan.loizou@sydney.edu.au
The census date for this unit availability is 1 September 2025
Type Description Weight Due Length Use of AI
Written exam
? 
Final Exam (50%)
Secure Exam. 2hr + 30min reading time
50% Formal exam period 2 hours AI prohibited
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Contribution Structured Class participation (10%)
Participation
10% Ongoing Ongoing AI allowed
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Out-of-class quiz Early Feedback Task Early Feedback Task (0%)
MCQ
0% Week 03
Due date: 22 Aug 2025 at 23:59

Closing date: 22 Aug 2025
1hr AI allowed
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Written work Interim Assignment (40%)
Research Essay
40% Week 06
Due date: 10 Sep 2025 at 17:00

Closing date: 24 Sep 2025
2000 words / 6 weeks AI allowed
Outcomes assessed: LO1 LO2 LO4 LO5
early feedback task = early feedback task ?

Assessment summary

Early feedback task (0%): As part of our commitment to student success, this unit includes a required Early Feedback Task. This task is designed to provide students with timely insights into their understanding and engagement with the unit content. It serves as a diagnostic tool to identify areas of strength and areas needing improvement, ensuring that each student is on track for successful completion of the unit.

The Early Feedback Task in this unit is a multiple-choice quiz of ten [10] questions tailored to reflect key concepts from seminars 1 – 6 (that is, materials covered up to and including week 3 of the term). You will have multiple attempts complete the task. The task will be available on Canvas from 18 August to 22 August 2025 (Sydney Australia time). Students will be provided with immediate, automated feedback, upon completion of the task.

 

Structured class participation (10%) Active participation throughout the semester is an essential component for completing this unit successfully. Students will be allocated a seminar group they are required to remain in for the duration of the semester. Students will need to demonstrate they are prepared for seminars by completing the required readings, making quality contributions to discussions, and engaging with their peers. Students will be scheduled as on-call for up to two [2] seminars requiring them to arrive in class having

  • Completed the required readings for the week/topic(s)
  • Prepared potential responses to questions about the readings/topic(s)
  • Prepared potential questions that seek to clarify elements of the readings/topic(s).

 

Interim assignment (40%) Students are required to submit a 2000-word (excluding references) response to a research and problem question. The question will be released in the first week of classes.  The due date for submissions is 5pm on Wednesday 10 September 2025 Sydney, Australia time.
 

Final exam (50%):  Students will be required to complete an examination during the formal examination period. The duration of the examination will be 2 hours plus 30 minutes reading timeTotal duration is 2.5 hours. All material addressed in the unit will be examinable. It will be an open book exam (hard copy/printed materials only, no electronic devices). 

The final exam will take place during the university's formal exam period (17 to 29 November). The exam timetable will be released by the Exams Office in due course. For further information, please refer to: https://www.sydney.edu.au/students/exams/timetables.html.   

 

Word limit penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required), and exclude acknowledgements of assistance from editors, automated writing tools or generative AI (where use is permitted). 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4. 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate.  

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study. 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1). 

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard. 

Result name 

Mark range 

Description 

High distinction 

85 - 100 

• Completely answers the question. 
• Contains striking originality of approach or analysis. 
• Demonstrates exhaustive or innovative research (where independent research 
required). 
• Exceptionally well written, structured and expressed. 
• Is otherwise exceptional in some way. 

Distinction 

75 - 84 

• Completely answers the question. 
• Achieves a critical and evaluative approach to the issues. 
• Content and structure is well organised in support of the argument. 
• Demonstrates extensive research and analysis to support a well-documented 
argument. 
• Generally well expressed and free from errors. 
• Has a clear structure and is well articulated. 

Credit 

65 - 74 

• Covers main issues fairly well in answering the question. 
• Contains no significant errors 
• Demonstrates an attempted critical approach to the issues. 
• Demonstrates reasonably sound research and analysis in addressing the key issues. 
• Has a clear structure and reasonably clear expression. 

Pass 

50 - 64 

• Identifies the key issues, but does not follow through with a reasoned argument. 
• Contains some significant errors. 
• Displays satisfactory engagement with the key issues. 
• Offers descriptive summary of material relevant to the question. 
• Superficial use of material, and may display a tendency to paraphrase. 
• Demonstrates little evidence of in-depth research or analysis. 
• Adequate expression. 
• Overall, demonstrates the minimum level of competence in the assessment and 
satisfies the requirements to proceed to higher-level studies in the degree or subject 
area. 

Fail 

0 - 49 

• Does not answer the question. 
• Contains significant or numerous errors. 
• Few or no identifiable arguments. 
• Content that is inappropriate or irrelevant. 
• Lack of research or analysis. 
• Difficult or impossible to understand through poor grammar, expression or 
structure. 
• Overall, does not demonstrate the minimum level of competence in the 
assessment. 

  

 

For more information see guide to grades.

Use of generative artificial intelligence (AI)

You can use generative AI tools for open assessments. Restrictions on AI use apply to secure, supervised assessments used to confirm if students have met specific learning outcomes.

Refer to the assessment table above to see if AI is allowed, for assessments in this unit and check Canvas for full instructions on assessment tasks and AI use.

If you use AI, you must always acknowledge it. Misusing AI may lead to a breach of the Academic Integrity Policy.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, without an approved extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after the due time specified in the assessment summary but before the same time the following day will attract a 10% penalty. Penalties for late submission will be applied strictly, subject to a 5 minute grace period.

Academic integrity

The University expects students to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

Our website provides information on academic integrity and the resources available to all students. This includes advice on how to avoid common breaches of academic integrity. Ensure that you have completed the Academic Honesty Education Module (AHEM) which is mandatory for all commencing coursework students

Penalties for serious breaches can significantly impact your studies and your career after graduation. It is important that you speak with your unit coordinator if you need help with completing assessments.

Visit the Current Students website for more information on AI in assessments, including details on how to acknowledge its use.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week 01 Introduction: crime, law and morality Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
The scope and principles of criminal law Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Week 02 The elements of criminal offences 1 Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
The elements of criminal offences 2 Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Week 03 Homicide 1: murder Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Homicide 2: unlawful and dangerous act manslaughter; gross negligence manslaughter Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Week 04 Problem-solving class Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Assault, wounding and GBH offences/sexual offences Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Week 05 Assault, wounding and GBH offences/sexual offences Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Sexual offences Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Week 07 Larceny Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Extending criminal liability: complicity Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Week 08 Problem-solving class Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Extreme provocation Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Week 10 Self-defence Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Duress and necessity Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Week 11 Mental Health Impairment or Cognitive Impairment and Substantial Impairment by Mental Health Impairment or Cognitive Impairment Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Automatism (involuntariness) Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Week 12 The use of evidence of (1) mental illness or (2) self-induced intoxication to negate intent Seminar (2 hr) LO1 LO2 LO3 LO4 LO5
Revision Seminar (2 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance: All students are required to attend 70% of classes to satisfy the pass requirements for this unit. Failure to meet this requirement will result in an Absent Fail grade being recorded as the student’s result for this unit (see The University of Sydney Law School Resolutions: Coursework Awards cl 11).  

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit, other than those included in the prescribed text book, can be accessed through the Library Reading List, available on Canvas.

The prescribed text is David Brown et al, Criminal Laws, (Federation Press, 8 th ed, 2025).

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Understand how the criminal law of New South Wales operates.
  • LO2. Analyse criminal law cases and interpret criminal statutes.
  • LO3. Apply the law to factual scenarios in problem questions to develop your problem solving skills.
  • LO4. Communicate both orally and in writing in ways that are effective and persuasive.
  • LO5. Critically analyse the scope and content of the criminal law by drawing on various normative and explanatory theories.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.