Criminal Law and Procedure 70114

Criminal Law and Procedure 70114
Autumn 2020
Take-Home Exam Instructions
Exam structure
• The exam is worth 50% of your overall assessment in this subject. The exam is open book.
• The exam will take a similar format to previous semesters:
o The problem question in Part A is compulsory (50% of the exam mark).
o Students must also complete TWO of the FIVE additional questions in Part B (each
question is worth 25% of the exam mark). The five questions in Part B include four
problem questions and one essay.
• This means that students must complete a total of THREE questions: one from Part A, and two
from Part B.1
• The topics that will be assessed includes the introductory content relating to burdens and
standards of proof, and the content taught in Classes 6B to 11B. Students should not examine
any offences, defences or the law of criminal procedure outside of these topics. The topic of
homicide, including partial defences to murder, will not be assessed in the exam.
Exam preparation
• As with previous exams, it is expected that students have studied for the exam before
commencing it, by making and carefully reviewing their notes based on the lectures and
seminar materials, the readings outlined in the seminar materials, and other resources provided
to students this semester. Students should also complete the problem questions in the seminar
materials. The exam will be assessed upon this expectation. Students are not expected to do
further reading and research beyond these sources.
• For an illustration of typical question length and structure, an example of a past exam for
Criminal Law and Procedure from Spring 2019 has been uploaded in the Assessments tab on
UTSOnline. Further past exams are available on the UTS library website.
• There will be an exam revision class in Week 12.
Exam length
• The recommended exam length is 2 hours with 10 minutes reading time.
• Students have a total of 24 hours to complete the take-home exam, from 9.30am on the date of
release to 9.30am the next day.
1 Please note that if students answer more than two questions from Part B, markers will assess the first two questions that
students attempt from Part B and will disregard any other answers to Part B questions.
70114 Take-home exam instructions Autumn 2020
Word limit
• The word limit for this exam is 2,200 words (with no 10% leeway), including all references and
headings. Markers will stop reading the exam once the response reaches 2,200 words. There is
no minimum word count.
• It is recommended that students allocate approximately 1,100 words for Part A and 550 words
for each question in Part B.
• The exam questions are designed to be answered in two hours and within the word limit, with
an expectation that you have comprehensively studied the subject material before attempting
the exam (see above). The questions are designed to enable you to demonstrate your
understanding and application of the law. Bonus marks will not be awarded for additional
superfluous detail.
Exam release and submission
• The exam will be uploaded to the UTSOnline Assessments tab in a folder titled ‘Take-Home
Exam’ at 9.30 am on the exam release date:
• Students must submit their answers to the correct assessment portal on Turnitin well before
9.30am the following day.
• Students should prepare their cover sheet in advance and then accurately complete the word
limit section prior to turning the exam in. Students are strongly advised to submit their exam
answers at least one hour before the deadline to avoid any technical issues.
• An exam submission checklist is provided on the final page of this document for students’ own
Late submission and misadventure
• In accordance with the UTS take-home exam policy, exam answers submitted after the due time
and date will not be considered and the student will receive a mark of zero.
• If there is an emergency or misadventure on the day of the exam, ordinary UTS processes
apply. Work is not considered an excuse or misadventure for the purposes of exam completion.
• Ordinary UTS processes and policies apply for special consideration. For further information,
70114 Take-home exam instructions Autumn 2020
Computer, software and internet access
• Students are responsible for ensuring they have access to a computer, appropriate software,
and an adequate internet connection to download the exam question, complete the exam and
upload the exam answer. Students should ensure that any issues in relation to technology have
been resolved well in advance of the exam release date. Office 365 is available to all UTS
• Students should organise a quiet space without distractions in which to complete the exam.
Document type, formatting and font
• Students must submit their exam answers as a Word file. PDF or other file types will not be
• In their answer, students should clearly specify which question they are addressing using
headings (e.g. Part B Question 2). Students should also make use of sub-headings throughout
their answers. Written expression should be clear and fluent.
• Students should use Times New Roman or Arial font, size 11, and paragraphs should be double
or 1.5 spaced.
• When answering problem-solving questions, answers should comply with the criminal law
problem-solving model (see Class 6A) and make use of sub-headings for clarity.
• When answering essays, students should adopt an ordinary essay format, including subheadings
for the introduction, body of the essay and conclusion.
References to cases, legislation and abbreviations
• Unlike the mid-semester assignment, answers to the exam should use in-text referencing.
References should not be in footnotes and do not have to comply with the AGLC4. Instead,
references should be cited in the body of the text.
• Any reference to cases should be cited with the case name and date, and brackets may be used
(e.g. Ryan (1967)). Students should also refer to the judge(s) who delivered the decision when
citing a minority judgment (eg. Lord Mustill in Brown (1994)).
• Examiners will assume that all references to sections, sub-sections or paragraphs of subsections
(e.g. s 33(1)(a)) are references to the Crimes Act 1900 (NSW), unless otherwise
specified. References to any other legislation should be made clear and can then be abbreviated
(e.g. Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)) (‘LEPRA’).
• Other terms can also be abbreviated (e.g. beyond reasonable doubt (‘BRD’)).
Prohibition on use of discussion boards once exam released
• Once the exam has been released, students must not post any requests for clarification on
the Discussion Boards on UTSOnline. Any requests for clarification should be directed by email
to Dr Elyse Methven ( and the subject email (
70114 Take-home exam instructions Autumn 2020
and, in the event that clarification is required, it will be broadcast by email to all students in the
subject. Answers to such questions will only be provided during business hours (9am-5pm).
Collusion and student misconduct
• In attempting this examination, students are undertaking that the work they submit is a result
of their own unaided efforts and that they have not discussed the questions, answers, or
possible answers with anyone else during the examination period, including other students. All
sources cited or relied upon should be clearly acknowledged.
• University rules proscribing student misconduct, including prohibitions on plagiarism,
collusion, cheating, assisting others to cheat or seeking assistance from others to cheat, apply:
• Students who are found to have participated in any form of cooperation or collusion, or any
activity which could amount to student misconduct in the answering of this examination will
have their marks withdrawn and disciplinary action will be initiated.
• Students should also be aware that a finding of student misconduct could jeopardise their
future prospects of being admitted as a legal practitioner. Applicants seeking to be admitted as
legal practitioners are required to disclose student misconduct matters.
70114 Take-home exam instructions Autumn 2020
Exam Submission Checklist
It is advised that students complete this checklist prior to submitting the exam. (This is for students’
reference only. There is no need to include this within the submitted exam answer).
Have I … ?
 Completed Part A
 Completed two questions from Part B
 Used headings to indicate which questions I have attempted
 Saved my document as a Word doc
 Included all headings and references in my word count
 Completed an assignment cover sheet
 Included an accurate final word count in the relevant field of the cover sheet
 Uploaded my exam to the correct Take-Home Exam portal in the Assessments tab on UTSOnline
(Do this at least an hour before the submission due date and time)
 Saved a copy of my submission receipt

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