PBL3801W Criminal Law
Intermediate level, whole course, six tutorials and 72 lectures.
Course co-ordinator Professor J Burchell
The course covers the general principles of criminal law. Students are introduced to these principles by a brief examination of the nature of criminal law and punishment, the principle of legality and the operation of the Bill of Rights on the rules of criminal law. A brief overview of the general principles places each of the elements of criminal liability in context and demonstrates its role in deciding criminal liability.
The course focuses on an analysis of the case law and legal principles governing the elements of:
PBL3802H Criminal Procedure
Intermediate level, half course, whole year. Three tutorials and 36 lectures.
Course co-ordinator: Associate Professor Dee Smythe
The general principles of criminal procedure both in Magistrates' Courts and in the High Court. Particular attention will be paid to the impact of constitutional rights on criminal procedure. The course deals with the following topics: criminal procedure models and systems, assessors and criminal justice, the prosecuting authority; arrests; bail searches and seizure and other trial related procedures.
Final level, whole year course, three tutorials and 36 lectures.
Course co-ordinator: Ms Salona Lutchman
History and sources of the law of evidence; conducting the trial; types of evidence - documentary and real; relevance, admissibility and the exclusionary rules - including character evidence, opinion evidence, similar fact evidence, previous consistent statements, hearsay, admissions and confessions and privilege, witnesses - competence and compellability, the cautionary rules and corroboration; proof - including standard of proof, burden of proof, presumptions and matters not requiring proof.
PBL4301H Punishment and the Constitution
Final level research focus group, thirteen seminars of one and a half hours over two semesters.
Course co-ordinator: Ms K Phelps
The object of the course is to provide a discussion group for students who wish to consider the way in which the Constitution influences the imposition and implementation of punishment. In the first semester introductory seminars consider the traditional justifications for punishment and the impact of the Constitution on them. In the remaining seminars in the second semester students present their research papers, from a constitutional perspective, on specific punishments that have been imposed or on aspects of the treatment of prisoners, such as medical care or the right to vote.
PBL4302H International Criminal Law
Final level research group, one seminar of one and a half hours per week, first semester.
Course co-ordinator: Dr Hannah Woolaver
The object of the course is to provide a discussion group for students who wish to do independent research papers on international criminal law. Students wishing to research in any area that broadly falls under the rubric of international criminal law may join this group. The course is divided into three parts. The first part consists of five broad introductory seminars in which we consider the debates around: what is international criminal law; the substantive generic offences such as genocide, crimes against humanity and war crimes compared to the specific crimes of torture and forced disappearances; the various mechanisms for enforcement through international, particularly the ICC, mixed tribunals and domestically; general principles of international criminal law; and crimes of international concern and the modalities of international cooperation. For theses seminars students are required to read certain prescribed texts and participate in discussion. In addition, during these seminars, attention is also paid to research skills and methodology. During this period students also write their research proposals independently or in consultation with the convenor.
During the second part of the series of seminars, students will present their independent research proposals to the group for discussion.
During the third part of the course, no seminars are conducted but students have an opportunity to write their papers, taking into account any feedback from the group discussions. By the start of the third quarter, a draft paper must be handed in for comment, after which students are expected to revise it for final submission in September.