Locate two current Bills each relating to an aspect of criminal law and/or procedure in NSW. In essay format, argue a position for or against the Bill.

Throughout your analysis, you must:

(i) Identify the social issue(s) that the Bill seeks to address;

(ii) Correctly outline the legal issue(s) that the Bill seeks to address;

(iii) Define and cite the current law in NSW that the Bill seeks to address. Such a law may be prescribed by legislation or case law or may not exist at all. You will need to research this carefully before coming to a conclusion (and don't forget to refer to the commencement date of the relevant Bill or Act);

(vi) You must use refer to at least one case in respect to each Bill in which the Court has interpreted legislation (an existing statute) relevant to your argument. Discuss what kind of interpretation the Court has adopted in respect to the legislation;

(iv) Refer to relevant legislation, case law, academic commentary, law reform commission reports and other extrinsic materials to support your argument. Ensure that you refer to the relevant provision within either the Acts Interpretation Act 1901 (Cth) or the Interpretation Act 1987 (NSW) that allows you to introduce these materials in support of your argument (one reference to this provision throughout the essay is sufficient); 

(v) Correctly cite all references in accordance with the appropriate style prescribed by the Australian Guide to Legal Citation 3rd Edition (AGLC3). Marks will be deducted for incorrect citation;  

(vi) Use Laying Down the Law, 'Part 3' to assist your understanding of the legislative process and statutory interpretation.  

This assessment involves a legal problem question based on a fictional scenario. Students must correctly identify the relevant legal issues and advise (either the Police or a Criminal Defendant) on the possible consequences of criminal prosecution.

Legal issues are confined to course material covered between Weeks 2-7. This includes police powers, general principles of criminal responsibility, summary offences, common assault (as opposed to aggravated and sexual assault) and defences. Disregard all legal issues relating to bail and sentencing (apart from the maximum sentence in respect to any relevant offence provisions).

Students will be required to correctly identify 10 legal issues in total. One mark will be awarded in respect to each issue for:

i) correctly identifying the legal issue; AND

ii) correctly citing the relevant statutory provision (including the section number) and/or case law (including the paragraph number) that defines the issue; AND

iii) drawing conclusions by following or distinguishing your case from the dominant statutory interpretation outlined in the relevant case law.

The exam has two component parts, (A) and (B). Part (A) is an essay question and Part (B) is a problem question.

Part (A):

Students will be given a choice of three discussion questions based on three discrete topics from Weeks 3 to 13. All assignments must:

(i) introduce a theoretical perspective to contextualise their discussion;

(ii) locate a recent Act (enacted within the past 2 years) or current Bill addressing an issue related to the essay topic;

(iii) argue a coherent position for or against the problem addressed by the question by outlining and explain the key technical elements of the relevant law;

(iii) outline and explain the key technical elements of the new law;

(iv) support your position by arguing for or distinguishing between relevant case law and/or historical examples;

(v) introduce and cite relevant criminology and jurisprudence in the form of Law Reform Commission Reports, recommendations and academic scholarship;

Part B:

Part B involves a legal problem question based on a fictional scenario. Students must correctly identify the relevant legal issues and advise a client on the possible consequences of criminal prosecution.

(Part A: Weighting 30%; Part B: Weighting 20%)

Word Limit (Part A): 2000 words

Word Limit (Part B): 1000 words

Exam questions released 14 November at 9am.

Attendance:

Macquarie University students must attend 70% of classes to pass any given course. In semester 2, 2014 this course is offered by intensive mode only. The class participation mark will be awarded for meaningful participation at the compulsory on campus session.

Participation:

Meaningful contributions to class discussion demonstrating an appreciation of course content and skills acquired throughout the course.