LWZ114 Criminal Law

Word length:           2,500 – 3,000 words (3,000 being the absolute maximum).[1]

Due Date:                 Sunday 10th April 2016 at 11.59pm (Darwin time).

Weighting:                40% (of total marks for Unit; ie, 40/100 marks).

This assignment requires you to answer either Question 1 or Question 2 below. You are to answer only one of the two questions. In other words, you have a choice as to which question you answer.

Your answers should be supported comprehensively by relevant legal authorities, including legislation, case law, law reform commission reports, journal articles and texts.

Note: All assignments should be submitted through Learnline, and whether you are answering Question 1 or Question 2 should be indicated clearly in the assignment.

Assignment Question 1:

Can sentencing of women who are victims of abuse accommodate the social problems that underpin the offending? Having regard to international and national law and policy, is enough being done to keep women offenders from returning to prison?

Assignment Question 2:

In 1996 the government changed sentencing laws in Canada. One of the most important changes is the addition of section 718.2(e ) to the Criminal Code of Canada. This section requires judges to look at all reasonable options available other than jail when sentencing offenders, but particularly when sentencing an Aboriginal person. This change occurred as a result of concern about the overrepresentation of Aboriginal people in Canadian prison and detention. Having regard to the development of section 718.2( e) through cases such as R v Gladue and R v Ipeelee in Canada and the international convention on the rights of indigenous people, should the NT Criminal Code be amended to add a similar provision to section 718.2(e ) and, if so, why? If not, why not?

Mark Allocation:

Your assignments will receive a mark out of 40.  This mark will make up 40% of your mark for LWZ114 Criminal Law. The mark allocation appears below. For details on what is expected to achieve the various grade bands (HD, D, C, P, F), see the General Assessment Rubric – Assignment, which follows.

CriteriaMarksDetails
Demonstrates understanding of the criminal law in the areas identified.15Student demonstrates an accurate knowledge of the law (international, national and local), and an ability to analyse and apply the case law, statutory provisions and other relevant material to answer the question asked.  
Demonstrates an ability to formulate a well balanced argument to support a proposition.  15Students will be assessed on their ability to formulate a well balanced argument; not on whether the ultimate conclusion accords with the perceived view of the marker. Students should consider the issue from both a prosecution perspective and a defence perspective.  
Citation5Every piece of information that does not come from the problem, or from the student’s own life experience, is footnoted, regardless of whether the information is paraphrased or quoted directly. The footnotes contain appropriate legal authorities. The formatting of the footnotes should follow the Australian Guide to Legal Citation (3rd ed, MULR) (available online at https://www.law.unimelb.edu.au/files/dmfile/FinalOnlinePDF-2012Reprint.pdf. Pinpoint citations are used where appropriate.  There is a footnote at the end of each quote.  
Style and structure5Assignment is logically structured using sub-headings. Sentence and paragraph length assist readability. Language is clear and precise. Assignment is free of spelling errors and grammatical mistakes.  
  Total Marks  40 
GENERAL ASSESSMENT RUBRIC – ASSIGNMENT LWZ136 Evidence 
 HIGH DISTINCTIONDISTINCTIONCREDITPASSFAIL  
CONTENT (DESCRIPTION AND ANALYSIS OF ISSUES, STATUTE, CASES & SECONDARY MATERIALS) AND RESEARCH   [30 MARKS]  Correctly identifies, describes and applies all of the principles and rules relevant to the question and properly cites the authority for them, with explanatory observations of optimal clarity that illuminate and clarify those principles and rules and enhanced by exceptional insights.  Clear, succinct and sound arguments with strong critique and analysis enhanced by exceptional insights. Exceptional research and reading of primary and secondary sources. Research is integrated into the essay and informs the student’s critical approach to the topic.   [25.5-30]  Correctly identifies, describes and applies all of the principles and rules relevant to the question and properly citing the authority for them, with clear and succinct explanatory observations that illuminate and clarify those principles and rules.  Clear, succinct and sound arguments with strong critique and analysis. Considerable research and reading of primary and secondary sources. Research is integrated into the essay and informs the student’s critical approach to the topic.   [22.5.-25]Correctly identifies, describes and applies all of the issues related to the question though with expression, in  some instances, of less than optimal clarity and precision. Correctly identifies and describing all of the principles and rules relevant to the problem and properly cites the authority for them.  Some attempt at critique and analysis. Reasonable evidence of original research and reading of primary and secondary sources beyond basic prescribed texts and case law. Some integration into the essay itself.   [19.5-22]Correctly identifies and describes the main issues though not expressed and with optimal clarity and precision.  Correctly identifies a majority of the principles and rules relevant to the question, with the omission of some,  but sufficient for a reasonably effective practical analysis of the question. Some evidence of original research and reading of primary and secondary sources beyond basic prescribed texts and case law, but not well integrated into the essay itself.   [15-19]Missing the main issue(s) and/or many correct principles and rules not identified. Little or no evidence of original research and reading of primary and secondary sources beyond basic prescribed texts and case law.   [0-14.5]  
          
CITATION AND RELATED TECHNIQUE   [5 Marks]  Exceptional and error-free grasp of citation and related techniques.   [4.5-5]  Excellent and largely error-free grasp of citation and related techniques.   [4]Good grasp of citation technique etc. with only a few careless errors.   [3.5]Acceptable standard but significant number of errors evident.   [2.5-3]Numerous errors – work not at an acceptable standard for higher education studies.   [0-2]    
STYLE AND STRUCTURE   [5 Marks]  As for Distinction level, but both style and structural aspects are exceptionally strong. Attention to detail in grammar, syntax, punctuation and spelling is exceptional and error-free.   [4.5-5]Logical progression of ideas with a clear structure that enhances the thesis. Headings and sub-headings are appropriately employed. Writing is smooth, skilful and coherent. Sentences are strong and expressive with varied structure. Expression is consistent and words well chosen. Strong and confident grasp of grammar, syntax, punctuation and spelling, with careful attention to elimination of careless errors.   [4]  Writing is clear and sentences have varied structure. Expression is consistent and appropriate. Logical progression of ideas. Headings and sub-headings are mostly appropriately employed. Good grasp of grammar, syntax, punctuation and spelling, though a handful of careless errors may be present.   [3.5]Organization is reasonably clear Headings and sub-headings are employed, though not always effectively. Writing is clear, but sentences may lack variety. Expression is mostly appropriate, though there may be some prolix, colloquial or excessively informal expression. Sentence structure is mostly acceptable, though sentences may sometimes be fragmented or confusing. Acceptable standard of grammar, syntax, punctuation and spelling, but significant number of errors are present.   [2.5-3]  Little or no discernable organizational structure. Writing is confusing, hard to follow. Contains fragments and/or confusing compound sentences. Inappropriate expression in places. Numerous errors evidencing lack of understanding of basic grammatical and similar principles.  Work not at an acceptable standard for higher education studies.   [0-2]  
        

[1] The word limit does not include footnotes (unless footnotes contain discussion which, in the opinion of the marker, should be in the body of the assignment). The word limit also does not include a bibliography. A bibliography is not required but may be included. The policy for extensions and deductions for exceeding the word limit may be found in the Assignment and Extension Policy available on Law Central…

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