Outline

Overview

This unit is the second of two that introduce students to criminal procedure, criminal law, and legal research. It builds on the learning commenced in Criminal Law, Process, and Research I by considering the general principles of criminal law in NSW and critically analysing them. Topics include selected offences, defences, and sentencing. Students will assess broader theoretical, social, and justice issues related to the development and operation of criminal law and procedure, including the ongoing effects of colonisation and Aboriginal and Torres Strait Islander peoples' perspectives on criminal justice systems. The contradictions presented by applying legal principles to complex social problems will be investigated. Students will learn to conduct independent research, construct persuasive legal arguments, and develop research skills for legal study and practice, including how to find and cite secondary research materials.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS5022
Corequisites ?	None
Prohibitions ?	LAWS5004
Assumed knowledge ?	None
Available to study abroad and exchange students	Yes

Teaching staff

Coordinator	Arlie Loughnan, arlie.loughnan@sydney.edu.au
Lecturer(s)	Arlie Loughnan, arlie.loughnan@sydney.edu.au
	Kristin Macintosh, kristin.macintosh@sydney.edu.au
	Tania Panico, tania.panico@sydney.edu.au
	Louisa Di Bartolomeo, louisa.dibartolomeo@sydney.edu.au
	Ben Mostyn, benjamin.mostyn@sydney.edu.au
	Saskia Hufnagel, saskia.hufnagel@sydney.edu.au
	Sam Moussa, sammy.moussa@sydney.edu.au

Assessment

The census date for this unit availability is 1 September 2025

Details
Criteria

Type	Description	Weight	Due	Length	Use of AI
Written exam ?	Final Exam (50%) In-person, 2 hours with 30 minutes reading time, open book	50%	Formal exam period	2 hours	AI prohibited
Outcomes assessed:
Contribution	Structured Class Participation (10%) Ongoing; supervised; feedback provided in class	10%	Ongoing	Ongoing	AI allowed
Outcomes assessed:
Out-of-class quiz	Early feedback test (0%) Early feedback Task (0%)	0%	Week 03 Due date: 22 Aug 2024 at 16:00	Online multiple choice questions	AI allowed
Outcomes assessed:
Written work	Research Essay (40%) Independent research essay	40%	Week 07 Due date: 15 Sep 2025 at 16:00 Closing date: 03 Oct 2025	1500 words/5 weeks	AI allowed
Outcomes assessed:

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 an online multiple-choice quiz assessing material covered to the end of week 2. It will comprise multiple choice questions and will be an online task.

The task will be available on Canvas in Week 1 (Sydney, Australia time). This is a non-weighted task and students will be provided with immediate, automated feedback, upon completion of the task.

Class Participation (10%):

At the outset of semester, students will sign up to be ‘on call’ for one class. Students who are ‘on call’ for a particular class are required to have prepared for class in the usual way, and to be ready to answer questions from the lecturer. You will be rewarded for oral contributions which demonstrate that you have read the designated materials and reflected on the issues raised.

Research Essay (40%):

In this assessment you are required to prepare an independent research essay of 1500 words (40%). The word length of the paper consists of all the words in the text, with the exception of the bibliography (which must be attached). Footnotes which only provide references will not be counted in the word length; however, any additional content in footnotes will be included in the word count.

The Research Essay assignment will be made available via Canvas in the first week. The due date is on 15 September by 4pm (Sydney, Australia Time).

Final exam (50%):

The final exam will be a supervised exam. It will be "open book". It will be 2 hrs plus 30 mins reading time. It will take place in the formal exam period. It will consist of one problem question and one short essay question. It will cover all the material studied in the unit.

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 include 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.

Guide to Grades.

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. Late penalties do not apply to exams and tests and any late submission will not be accepted.

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.

Learning support

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

Weekly schedule

WK	Topic	Learning activity
Week 01	Criminal Liability & Responsibility PLUS Age of Criminal Responsibility (first half)	Seminar (3 hr)
Week 02	Age of Criminal Responsibility (contd.) PLUS Legal Research skills – learning activity	Seminar (3 hr)
Week 03	Drug offences PLUS Homicide 1 – Murder (first half)	Seminar (3 hr)
Week 04	Homicide 1 – Murder (contd.) PLUS Homicide 2 - Manslaughter	Seminar (3 hr)
Week 05	Legal Writing (1hr) & Problem -solving class PLUS Legal Research skills – learning activity (first half)	Seminar (3 hr)
Week 06	Legal Research skills – learning activity (contd.) PLUS Assault, wounding and GBH offences	Seminar (3 hr)
Week 07	Coercive control PLUS Sexual offences (first half)	Seminar (3 hr)
Week 08	Sexual offences (contd.) PLUS Skills: Problem solving class	Seminar (3 hr)
Week 09	Introduction to Defences and Duress and Necessity PLUS Self-defence & Excessive self-defence (first half)	Seminar (3 hr)
Week 10	Self-defence & Excessive self-defence (contd.) PLUS Mental & Cognitive impairment; SIAM and Automatism	Seminar (3 hr)
Week 11	Extreme Provocation & Intoxication PLUS Skills or catch up	Seminar (3 hr)
Week 12	Sentencing and Punishment I PLUS Sentencing and Punishment II (1st half)	Seminar (3 hr)
Week 13	Sentencing and Punishment II (contd.) PLUS Revision (content and skills)	Seminar (3 hr)

Attendance and class requirements

Attendance: All students are required to attend 70% of seminars 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 can be accessed through Canvas under 'Reading List'.

Learning outcomes

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.

Outcomes
Graduate qualities

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

LO1. LO1. Critically analyse the implementation of selected procedural and substantive criminal laws within their historical, social, political, and institutional contexts.
LO2. LO2. Formulate and defend sophisticated legal arguments addressing factual dilemmas and theoretical issues concerning the evolution and application of procedural and substantive criminal law.
LO3. LO3. Employ relevant legal research methodologies to synthesise information from primary and secondary sources, critically evaluating the reliability of diverse data, and effectively communicate findings to specified audiences.
LO4. LO4. Critically reflect on substantive and procedural criminal law engagement with the ongoing effects of colonisation and with Aboriginal and Torres Strait Islander peoples perspectives of criminal justice systems.

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
Learning outcomes

Responding to student feedback

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

It is a new unit

Additional information

Incorporation of CLO5 Ngura

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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

LAWS5023: Criminal Law, Process, and Research II

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

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Use of generative artificial intelligence (AI)

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Support for students

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links