LAW5310 · Sentencing

Overview

Sources of sentencing law. The distribution of sentencing authority between the legislature, judiciary and executive arms of government. Sentencing principles and procedures. The control of sentencing discretion including guideline judgments. The sentencing hearing including the role of counsel. Sentencing measures available to the courts including custodial and non-custodial sanctions.

Offerings

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Apply knowledge and understanding of the legal framework within which offenders against federal and state law in Victoria are sentenced, the judicial and non-judicial elements of sentencing, and the empirical and legal bases of sentencing practice, with creativity and initiative to new situations in professional practice and/or for further learning;
2. Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to sentencing law;
3. Conduct research in the empirical and legal bases of sentencing practice, and the different philosophical underpinnings of the sentencing system, based on knowledge of appropriate research principle and methods; and
4. Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to sentencing laws.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit typically comprises of a mixture of scheduled learning activities and independent study applicable to a 6 credit point unit. Learning activities may include a combination of teacher directed learning, peer directed learning, and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.