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ANU Law School · ANU College of Law, Governance and Policy
The aim of this course is to provide an opportunity for students to: - be familiar with the sentencing process and key theories, legal rules and policy issues relating to sentencing in Australia; - consolidate and build upon the skills and knowledge gained during their study of Criminal Law and Procedure; - be familiar with sentencing legislation and case law that guides the exercise of the sentencing discretion in State, Territory and Commonwealth jurisdictions; - facilitate the development of oral and written presentation, discussion and argumentation skills in relation to sentencing law, process, policy and reform. The course will take a practical, doctrinal, theoretical and critical approach to the study of sentencing law and practice in Australia. The course will familiarise students with legislation and case law that guides the exercise of the sentencing discretion in State, Territory and Commonwealth jurisdictions. A comparative approach will be adopted to facilitate a deeper analysis of emerging issues and core topics. Guest lectures and/or interviews may be offered. Topics will be selected from a range of aspects of sentencing law and practice which may include: theories of punishment, public opinion and public confidence, the role of victims in sentencing, purposes of sentencing, principles of sentencing; mitigating and aggravating factors, sentencing young offenders, sentencing Indigenous offenders, sentencing federal offenders, custodial sentencing, non-custodial sentencing, sentencing appeals as well as sentencing reform and innovation.
The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the class summary and on the course Canvas page.
Learning outcomes 1, 2, 3, 4
- Classes offered in non-standard sessions will be taught semi-intensively with compulsory contact hours of approximately 26 hours of face to face teaching. The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. - Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. Work Integrated Learning Simulation/Virtual The practical components of this course provides students with the opportunity to put into practice the legal concepts, knowledge and skills acquired in a concrete way using real world simulations. Students are required to make an audio visual recording of themselves making a sentencing submission in role as counsel for the prosecution or defence in a mock ACT Supreme Court sentencing hearing on behalf of the prosecution or an offender by reference to a provided sentencing brief.
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when finalised. Preliminary Reading Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course.