UnitLevel 5Postgraduate

LAW5310 Sentencing

Faculty of Law

LAW5310 Sentencing is a level 5, 6-credit-point, postgraduate unit from the Faculty of Law. It isn't offered in 2023. It has no prerequisites.

Credit points
6
Offered in 2023
Other periods
Monash Law Chambers
Assessment
No exam
3 tasks

This is the 2023 handbook entry. See the 2027 entry.

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Requisites

Before LAW5310

No prerequisites or corequisites besides the enrolment rules below.

After LAW5310

No unit lists LAW5310 as a prerequisite in the 2023 handbook.

Enrolment rules

For Legal Studies students (L4004, L5004, L6013, M4037, M5031, M6040) you must have completed LAW5000 or LAW5081
and
For Juris Doctor students (L6005), you must have completed 72 points of study.

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 in 2023

Teaching periodCampusMode
Trimester 3Monash Law ChambersOn campus

Assessment

  • Research essay proposalEssay
    10%
  • Written assignmentAssignment
    30%
  • Research assignment
    60%

Learning outcomes

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

  1. 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. 2

    Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to sentencing law;

  3. 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. 4

    Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to sentencing laws.

Workload and teaching

  • Workshops24 hours
  • Teaching approachActive learning

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements). Students will be expected to do reading set for class, and to undertake additional research and reading applicable to a 6 credit point unit.

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.

Where it fits

LAW5310 is part of 3 areas of study in the 2023 handbook.

Contacts

Chief Examiners
Professor Arie Freiberg

Common questions

What are the prerequisites for LAW5310?

LAW5310 has no prerequisites, but enrolment rules apply.

When is LAW5310 offered?

LAW5310 has no offerings listed in the 2023 handbook.

Does LAW5310 have an exam?

No. LAW5310 has 3 assessment tasks and no exam.

Which majors and minors include LAW5310?

LAW5310 is part of Criminal law and forensics; Dispute resolution; and Public sector governance and regulation.

More details

Credit points
6
Level
5
Study level
Postgraduate
Faculty
Faculty of Law
Type
Coursework
EFTSL
0.125
Student contribution
SCA Band 4
Study abroad
Available