City University of Hong Kong Information on a Course offered by School of Law with effect from Semester B in 2012/13 Part I Course Title: Course Code: Course Duration: Criminal Law II LW3606B One Semester Credit Units: 3 Level: Medium of Instruction: Prerequisites: Precursors: B3 English LW3606A Criminal Law I LW3606A Criminal Law I Equivalent Courses: (Course Code and Title) LW3106 Criminal Law (LLB) (upon successful completion of LW3606A and LW3606B) LW3106A Criminal Law (AMLLB) (upon successful completion of LW3606A and LW3606B) LW3606 Criminal Law (upon successful completion of LW3606A and LW3606B) Exclusive Courses: Nil Part II Course Aims This course builds upon the concepts and principles of criminal liability, participation in crime and defences to crime addressed in LW3606A Criminal Law 1. The course aims to provide students with an insight into substantive criminal offences and their application in Hong Kong. The course aims to engage students in the analysis, understanding and application of the substantive law and to encourage and facilitate the development of the necessary analytical, reasoning and practical skills needed to apply the substantive law to factual scenarios. Attention will be given to the strengths and weakness of substantive criminal law as it operates in Hong Kong and students will be encouraged to consider the development of Hong Kong s substantive criminal law and to draw comparisons with the development of substantive criminal law in other jurisdictions. The course also aims to encourage students to think independently, and to discover for themselves relevant principles and ideas. 1
Course Intended Learning Outcomes (CILOs) Upon successful completion of this course, students should be able to: No. CILOS Weighting (if applicable) 1. Analytically describe and explain: the concept of criminal liability and the factors that affect and determine criminal liability; factors affecting liability for substantive criminal offences; defences to substantive criminal offences; 2. Apply substantive criminal law to a range of basic situations and fact patterns to: ascertain issues of criminal liability and defences to substantive criminal offences; offer possible solutions to problems that arise in relation to the operation of the those offences; formulate and communicate, both orally and in writing and in plain English, advice on criminal liability for those offences. 3. Employ the criminal law to: challenge in mock settings issues of liability for substantive criminal offences and defences to that liability. 4. Critically evaluate: the operation and impact of substantive criminal law offences; the limitations of those offences; their place in the overall context of Hong Kong criminal law; areas of possible reform and improvement. Numbers of PILOS Contributed to 1 1, 3 & 5 5 4 Teaching and Learning Activities (TLAs) (Indicative of likely activities and tasks designed to facilitate students achievement of the CILOs. Final details will be provided to students in their first week of attendance in this course) Lectures: The course leader will present concepts, theories and case studies on criminal liability, capacity to commit crime, participation in crime, defences to crime and their limitations and on relevant developments and reforms in other common law jurisdictions Class discussions: These will engage students in debate, analysis, exploration and understanding of substantive criminal concepts the practical application of that substantive criminal law and will encourage research and discovery. Oral presentation: Students will work in groups to lead class discussions and question and answer sessions on relevant topics and problems Research: Students will use relevant materials, authorities and their own research and discovery to write one or more papers as set by the instructor. 2
Assessment Tasks/Activities (Indicative of likely activities and tasks designed to assess how well the students achieve the CILOs. Final details will be provided to students in their first week of attendance in this course) Type of Assessment Weighting ILOs to be Remarks Tasks/Activities addressed Term paper (s) 30% 1, 2, 3 & 4 This paper(s) will require students ability to explain and discuss topics in depth, to explore appropriate options for action and to discover for themselves solutions to problems. Presentations and 20% 1, 2, 3 & 4 Marks for presentation, contributions to participation in class class discussions and independent activities research and discovery will encourage, reward and assess students ability to analyse issues and concepts and their Examination (2 or 3 hours duration) (Open book) active engagement with other students. 50% 1, 2, 3 & 4 This will test, in a controlled and supervised environment, students acquisition of knowledge and understanding and the ability to relate, discuss and criticise concepts and issues of criminal liability and to apply those concepts issues to practical fact patterns. Grading of Student Achievement: Refer to Grading of Courses in the Academic. Standard (A+ A A- F) To pass this course students must obtain an aggregate mark of 40% and a minimum of 30% in each of the coursework and the examination elements of the assessment. Coursework for this purpose means those ways in which students are assessed otherwise than by the end of semester examination. The portion of the overall mark allocated to performance/participation in inter-active in class activities will be assessed on the quality of the participation. Assessment criteria for those activities, their nature and their timing will be advised and expanded upon by the course leader. The duration of the examination may last for 2 or 3 hours at the discretion of the course leader. The course leader will announce the duration of the examination in the first week of the course. Similarly the course leader will announce whether the examination will be closed book or open book. To enable the full benefit to be obtained from this course, students should attend all the classes and activities. Assessment will be formative to enable students to demonstrate their capacity to understand, analyse and apply rules and principles and summative to assess ability to synthesise primary and secondary material to solve novel problems. 3
Part III Syllabus Necessity, Duress and Duress of Circumstances; Self Defence; Mistake; Inchoate offences: Incitement, Conspiracy and Attempts; False Imprisonment, Kidnapping and Holding to Ransom; Sexual offences: Rape and Indecent Assault; Offences against property: theft, robbery, burglary, obtaining by deception, handling stolen property, criminal damage; Blackmail, criminal intimidation; Insanity, infancy, automatism. Lectures will be delivered as follows: 1. Necessity, Duress and Duress of Circumstances; 2. Self defence; 3. Mistake and its effect upon criminal liability; 4. Inchoate offences: Incitement, Conspiracy and Attempts; 5. False Imprisonment, Kidnapping and Holding to Ransom; 6. Sexual offences: Rape and Indecent Assault; 7. Offences Against Property: Theft; 8. Offences Against Property: Robbery, Burglary, Going Equipped; 9. Offences Against Property: Deception 10. Offences Against Property: Handling; 11. Offences Against Property: Criminal Damage; Blackmail and Criminal Intimidation 12. Insanity, Infancy, Automatism. 4
Recommended Reading Michael Jackson (2003), Criminal Law in Hong Kong, Hong Kong University Press (ISBN 9622095585 ). Details of other texts and other reference material will be circulated during the course as required. As Hong Kong s Criminal Law is based upon that of England and Wales, English texts on criminal law may be used to supplement and complement Hong Kong texts. Students may find the latest editions of Smith and Hogan, Criminal Law (LexisNexis/Butterworths), and Smith and Hogan Criminal Law Cases and Materials (LexiNexis/Butterworths) useful though there are other texts. Nutshells, SWOT and similar books are NOT suitable replacements for textbooks or for reports of cases in the Law Reports. They do not provide the in depth knowledge and understanding of the subject that will be needed to successfully negotiate open book examinations. Online Resources The Hong Kong Judiciary: www.judiciary.gov.hk Hong Kong Legal Information Institute: www.hklii.org Department of Justice: www.doj.gov.hk The Hong Kong Police: www.police.gov.hk The Crown Prosecution Service (England and Wales): www.cps.gov.uk British and Irish legal Information Institute: www.bailii.org Judicial Studies Board (England and Wales): www.jsboard.co.uk 5