UnitLevel 4Undergraduate

LAW4306 Sentencing and sanctions

Faculty of Law

LAW4306 Sentencing and sanctions is a level 4, 6-credit-point, undergraduate unit from the Faculty of Law, offered in 2027 in Semester 1 at Clayton. It has no prerequisites.

Credit points
6
Offered in 2027
Semester 1
Clayton
Assessment
No exam
3 tasks
Workload
144 hours
per semester

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Requisites

Before LAW4306

Prohibitions

You can't enrol if you have passed any of these.

After LAW4306

No unit lists LAW4306 as a prerequisite in the 2027 handbook.

Enrolment rules

Students who commenced their course in or before 2026 must have completed a minimum of 60 credit points of law study.

Students who commenced their course in 2027 or later must have completed a minimum of 54 credit points of law study.

Overview

This course deals with the legal framework within which offenders are sentenced locally and nationally. It will examine sentencing principles applicable under state and federal law in Victoria. The course will examine the sources of sentencing law; the distribution of sentencing authority between the legislature, judiciary and executive arms of government; the control of sentencing discretion; the role of counsel in the sentencing hearing; plea negotiation, and the opportunity for public and victim input. Main sentencing measures and procedures currently utilised will be explored. The problems of sentencing special offender groups and special sanctions such as confiscation of the proceeds of crime will also be examined if time allows. The unit may cover:

  1. Introduction to the legislative, judicial and executive framework of sentencing authority in a federal system of government.
  2. Content of the Sentencing Act 1991 (Vic) & Crimes Act 1914 (Cth), Part 1B
  3. Courts exercising sentencing powers.
  4. The sentencing hearing - role of the trial judge; roles of prosecution and defence counsel; plea negotiation; victim impact statements; the role of the Sentencing Advisory Council; role of the media and the community.
  5. Evidentiary rules and burden of proof at the sentencing hearing.
  6. Plea making: mitigation and aggravation.
  7. Philosophical underpinnings: retribution deterrence, community protection, denunciation, rehabilitation, mitigation and mercy.
  8. Sentencing principles: nature of the crime; nature of the offender; response to the charges
  9. Main sanctions: fines; restitution and compensation; confiscation and disqualification; unsupervised release; community correction orders; custodial orders; parole.
  10. Special offender groups e.g. juveniles; sex offenders.
  11. Controlling sentencing discretion - the various models.

Offerings in 2027

Teaching periodCampusMode
First semesterClaytonOn campus, block

Assessment

  • Research essay proposalWritten
    10%
  • Written AssignmentWritten
    35%
  • Individual Research PaperWritten
    55%

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

Learning outcomes

When you finish this unit, you should be able to:

  1. 1

    possess an overview of the legal framework within which offenders against federal and state law in Victoria are sentenced or subjected to other measures such as civil action for confiscation of proceeds of crime under state or federal law, or administrative sanctions such as infringement notices, or other post sentence sanctions such as detention and supervision orders, or orders made under the Sex Offenders Registration Act 2004 (Vic).

  2. 2

    appreciate the role that problem-oriented or solution-focused courts have in relation to the sentencing of drug dependent or mentally disordered persons, family violence offenders and Koorie offenders.

  3. 3

    understand some of the empirical and criminological dimensions of sentencing.

  4. 4

    have obtained an overview of different philosophical underpinnings of the sentencing systems.

Workload and teaching

  • Workshops36 hours
  • Teaching approachActive learning

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Learning resources

Required resources

See the Moodle unit page for prescribed and recommended resources. Prescribed texts are usually available for purchase through the University Bookstore and are sometimes available for short-term loan or as eBooks through the library.

Common questions

What are the prerequisites for LAW4306?

LAW4306 has no prerequisites, but enrolment rules apply.

When is LAW4306 offered?

In 2027, LAW4306 runs in Semester 1 at Clayton.

How much work is LAW4306?

The handbook expects about 144 hours of study across the semester. No students have rated its difficulty yet.

Does LAW4306 have an exam?

No. LAW4306 has 3 assessment tasks and no exam.

More details

Credit points
6
Level
4
Study level
Undergraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 4
Study abroad
Available