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:

• Identify the social issue(s) that the Bill seeks to address;
• Correctly outline the legal issue(s) that the Bill seeks to address;
• 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);
• 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;
• 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);
• 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;
• Use Laying Down the Law, 'Part 3' to assist your understanding of the legislative process and statutory interpretation.

This Assessment Task relates to the following Learning Outcomes:

• Demonstrate competence in techniques of statutory interpretation. In particular, students will be introduced to the operation of legislation and its interaction with case law and academic commentary.

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:

• Correctly identifying the legal issue; AND
• Correctly citing the relevant statutory provision (including the section number) and/or case law (including the paragraph number) that defines the issue; AND
• Drawing conclusions by following or distinguishing your case from the dominant statutory interpretation outlined in the relevant case law.

This Assessment Task relates to the following Learning Outcomes:  

• Demonstrate advanced level understanding of the principles of criminal law in order to comply with Priestley requirements for legal practice;  
• Demonstrate coherent skills in analysis of the elements of select substantive offences;
• Communicate an integrated body of knowledge about the criminal law through active and informed participation in class discussion. Students will be expected to communicate through oral and written means with legal and non-legal audiences at an advanced level.
• Solve complex hypothetical problem questions by the application of doctrinal and procedural rules of criminal law.

The assessment 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:

• Introduce a theoretical perspective to contextualise their discussion;
• Locate a recent Act (enacted within the past 2 years) or current Bill addressing an issue related to the essay topic;
• 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;
• Outline and explain the key technical elements of the new law;
• Support your position by arguing for or distinguishing between relevant case law and/or historical examples;
• 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

Assessment released 12 November at 4pm.

This Assessment Task relates to the following Learning Outcomes:

• Demonstrate advanced level understanding of the principles of criminal law in order to comply with Priestley requirements for legal practice; 
• Demonstrate coherent skills in analysis of the elements of select substantive offences;
• Develop, critique and advocate law reform proposals in the area of criminal justice, identifying and interpreting key legislative provisions and stakeholders. This will necessitate independent research:
• Communicate an integrated body of knowledge about the criminal law through active and informed participation in class discussion. Students will be expected to communicate through oral and written means with legal and non-legal audiences at an advanced level;
• Solve complex hypothetical problem questions by the application of doctrinal and procedural rules of criminal law.

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

If you cannot attend a tutorial you must email your tutor to inform them of your absence.  Extended absences from tutorials must meet the criteria for Disruption to Studies and be approved by the Unit Convenor. Applications for Disruption to Studies are made online at ask.mq.edu.au.

Tutors will raise any concerns about poor participation with the student involved.  Students will be given an opportunity to submit remedial work where there are concerns about participation or unexplained absences.

This Assessment Task relates to the following Learning Outcomes: 

• Demonstrate advanced level understanding of the principles of criminal law in order to comply with Priestley requirements for legal practice; 
• Demonstrate coherent skills in analysis of the elements of select substantive offences:
• Demonstrate competence in techniques of statutory interpretation. In particular, students will be introduced to the operation of legislation and its interaction with case law and academic commentary;
• Communicate an integrated body of knowledge about the criminal law through active and informed participation in class discussion. Students will be expected to communicate through oral and written means with legal and non-legal audiences at an advanced level.