LAWS1021/JURD7121 – Crime and the Criminal Process
Final Exam Instructions – Term 2 2023
(Read carefully – no dispensation will be given for lack of awareness of the rules)
Weighting 60% of total marks for Crime and the Criminal Process
Exam paper RELEASED 1pm AEST Thursday 17 August 2023
Exam answer DUE
5pm (SHARP) AEST Thursday 17 August 2023
Note that the deadline is strict. Late submissions will not be accepted.
Exam format
This is an open-book exam.
You may look at and read any materials (hard copy or digital) when answering
the exam, e.g., textbooks, class notes, legislative provisions. See below for
advice on what content is examinable in this course and how to cite sources
referred to in your answer.
Duration
2-hour Exam in a 4-hour window
This is an online exam. It is not a remote proctored exam. You are given a 4-
hour window in which to access the exam paper from Moodle, complete the
exam, and submit your answer to Turnitin. It is expected that you will need only
2 hours to draft your answer.
You should spend the rest of the available time:
• reading and thinking about the question(s)
• planning your answer
• editing your answer to ensure you are within the word limit
• proof-reading and formatting
• taking short breaks
• submitting your answer to Turnitin without panicking for time. You
should allow yourself at least 10 minutes to ensure you upload the
correct document on time. Leaving it until the final minutes to submit
increases the danger of late submission and non-acceptance.
Time zones
You must make yourself available at the time advised as at Australian Eastern
Standard Time (AEST).
Special consideration will not be awarded on the grounds that you are in a
different time zone and that either:
• you failed to realise exams are as at AEST, or
• the assessment is at an inconvenient time for your time zone (but see
further details below).
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Students in time zones outside of Australia who have exams scheduled between
10pm and 7am their local time can apply for special consideration and an
alternative exam time will be arranged outside of these hours. It is strongly
recommended that you apply for special consideration as soon the final
examination timetable is released. You must apply, at the latest, 5 days before
the exam.
Exam delivery | Turnitin: online
non-invigilated exam
This assessment will be delivered via a Turnitin Assignment activity located on
the Moodle course page for this course.
• General information about Turnitin is available here.
This application contains functionality including similarity reports to assist with
assessing academic integrity.
File upload document format
You must only submit your answer as a MS Word document (.doc or .docx).
UNSW provides free access to MS Word to all students. See UNSW IT here. Do
NOT submit your answer as an Apple Pages file (Turnitin cannot read Pages
files). Do NOT submit your answer as a PDF unless there is a good reason why
you cannot submit a MS Word document.
You are allowed ONE submission only. It is your responsibility to upload the
correct document.
No late submission
Late submission of an exam will not be accepted.
Your answer must be submitted to Turnitin before the deadline. It is your
responsibility to submit your answer within the allotted timeframe, which
means you must ensure you have an adequate internet connection at the time
the exam is due (see further discussion below).
You should allow yourself at least 10 minutes to submit. Leaving submission
until the final minutes increases the danger of late submission and non-
acceptance.
Submission confirmation
We strongly advise you to double check that you have submitted the correct
document. You can do this by checking the submission extract in the digital
receipt pop-up you receive upon submission to Turnitin. You can also check
your submission in Turnitin upon submission.
Submission of incorrect document
If you have submitted the incorrect document, you should email the correct
document to the convenor (d.dixon@unsw.edu.au) prior to the deadline.
Submitting the incorrect document can result in failure.
Question format
This term’s exam is different in style to previous CCP exams. There will
be 3 rather than 2 questions. Rather than very long fact scenarios, you
will have more straightforward tasks.
1. Brief scenario, asking you to advise a person subjected to police
powers;
2. Quotation about criminal process, inviting you to comment
drawing on court observations and readings;
3. Brief scenario including a fictional legislative provision, asking
you to prepare a report on the proposed legislation in which you
should identify and comment on the elements of a proposed new
offence, pointing out any potential difficulties of statutory
interpretation and suggesting amendments as appropriate.
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Word limit
The word limit for the paper in total is 2100.
No 10% leeway – penalties apply.
How you distribute the words across the three questions is at your discretion.
However, as marks are equally weighted, 700 for each is a good guide.
Do NOT:
• attach a coversheet
• include any unnecessary titlepage or headers/footers
• rely on extended quotations (rather than your own analysis)
• use bullet/numbered points rather than complete sentences and
paragraphs
• use footnote referencing
• include a bibliography or reference list.
You may use headings and subheadings in your answer but use them wisely
knowing they form part of the wordcount.
You may:
• use sensible abbreviations (see legal citation below)
• assume your marker knows the text of statutory provisions.
Word limit penalty
Penalties for being over the word limit will be applied:
• Exceeds by up to 10% — 10% penalty
• Exceeds by 10%+ up to 20% — 15% penalty
• Exceeds by 20%+ up to 30% — 25% penalty
• Exceeds by more than 30% — 30%.
Turnitin calculates the number of words used. All words in your answer will be
included in the wordcount.
Hidden text
Do not use hidden text or images of text to try to appear to be below the word
count. This constitutes academic misconduct. Academic integrity software
detects the presence of hidden text.
Legal citation
All sources referred to in the exam must be cited in in the body of the answer.
Formal AGLC referencing is not required in the exam for this course. You must
should not use footnote referencing. If you do, words contained in the
footnotes will be included in the wordcount. Underlining is an effective way to
highlight authorities.
Examples of acceptable
abbreviations Equivalent formal citation
SOA s.4A Summary Offences Act 1988 (NSW) s 4A
CLA Pt 3 Civil Liability Act 2002 (NSW) Part 3
Crimes Act s.546C Crimes Act 1900 (NSW) s 546C
FCA Federal Court of Australia
Mabo Mabo v Queensland (No 2) [1992] HCA 23
Brown et al. David Brown et al. Criminal Laws (Federation Press, 7th ed, 2020)
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“The law has created two tiers of
justice” McBarnet in Brown et al.
p.292
Doreen McBarnet, Conviction (1981)
quoted in David Brown et al. Criminal
Laws (Federation Press, 7th ed, 2020) 292.
No bibliography You must NOT include a bibliography or reference list.
Relevant authority You do not need to go beyond the textbook and course materials and conduct further research to answer the questions.
Examinable content All content set out in the Reading Schedule of all classes is examinable.
Equitable Learning Plan (ELP)
exam adjustments
This only affects students registered with UNSW Equitable Learning Service
(everyone else can ignore this section).
Time extensions set out in an ELP for ‘Exams/timed assessments (school and
central)/Time extension/## mins/hr:Term 1 2023’ will be implemented. The
extra time applies to the 4-hour window (not the 2-hour expected drafting
time). Students with an adjustment that provides for extra time for exams will
receive additional time as follows:
• 15 mins/hr adjustment = 1 hour extra time (5-hour total window)
• 30 mins/hr adjustment = 2 hours extra time (6-hour total window).
If you are unclear about how this adjustment will be implemented, please
consult the course convenor well before the exam is due.
Special Consideration: illness or
exceptional circumstances
Before the exam paper is released
If you become ill or experience some other exceptional circumstance beyond
your control before the exam is released, preventing you from sitting the exam,
you should apply for special consideration to sit the supplementary exam.
Fit to sit/submit: If you apply for special consideration before the exam paper
is released, and then access the exam by opening/downloading the document,
you are declaring yourself fit to sit the exam and your special consideration
application will not be accepted. This rule applies even if you do no actual work
on the exam. By accessing the exam, you are declaring yourself fit to undertake
the exam.
During the exam window
If you become ill or experience some other exceptional circumstance beyond
your control during the exam window to the point that you cannot continue
with your exam, you MUST:
1. stop working on the exam
2. email your course convener immediately (must be before the end of
the exam window) to advise them that you are unwell and will not be
continuing with the exam
3. apply for special consideration within 3 working days of the exam date.
Your supporting evidence must be dated within 24 hours of the exam
date.
Failure to email your course convenor will result in no consideration being
granted.
Fit to sit/submit: If you submit an answer to the exam by the deadline, you are
declaring yourself fit to do so and cannot later apply for special consideration
to sit the supplementary exam.
Your Special Consideration application will be reviewed, and an outcome
updated within 3-5 working days.
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Further information about Special Consideration, including fit to sit/submit,
time frames for applying for consideration, and what supporting
documentation is required can be found in the UNSW Application and
Assessment Information document.
Special Consideration: technical
or connection problems during
exam window
If you experience a technical issue that is beyond your control and that impacts
on your ability to complete the exam, you MUST:
• continue to work on your answer (if you are able to do so) and submit
it as soon as you are able;
• contact the course convenor via email (d.dixon@unsw.edu.au) as soon
as possible to advise that you are experiencing a technical issue; and
• submit a special consideration application immediately at the
conclusion of your exam. You must upload relevant documentation
(e.g., screenshots, see below) that clearly demonstrates your
circumstances and their impact on your exam.
To support your special consideration application, you should:
• take screenshots of as many of the following as possible:
o error messages
o screen not loading
o timestamped speed tests
o power outage maps
o messages or information from your internet provider
regarding the issues experienced.
All screenshots must include the date and time the issue occurred.
If the technical issue prevents you from submitting your answer to Turnitin, but
you have access to email, you must email your answer to your lecturer (prior to
the deadline) and continue trying to submit the exact same version of the
document through Turnitin as soon as you are able.
Your special consideration application will be reviewed, and an outcome
updated within 3-5 working days.
Outcome of successful Special
Consideration application
Illness or exceptional circumstances: supplementary exam
The only outcome of a valid special consideration application due to illness or
exceptional circumstances for the final exam in this course is supplementary
assessment. There will be no extension of time granted. The supplementary
assessment will test the same course learning outcomes but may take a
different form to the primary exam.
NOTE: Law & Justice supplementary exams for T2 will be held 4-8 Sept 2023.
There will only be one round of supplementary exams in Law & Justice. If a
student misses both the primary exam and supplementary exam due to
exceptional circumstances beyond their control, they may apply for fee
remission. Applying for fee remission does not guarantee that you will receive
a successful outcome. You must be able to demonstrate (with evidence) that
your circumstances meet all of the eligibility criteria outlined here:
https://student.unsw.edu.au/fee-remission
Technical issues during exam window: short extension
Depending on the circumstances and the documentation supporting the
application, the outcome of a valid special consideration application due to
technical issues may be a short extension of time to enable acceptance of the
late submission.
Final Fail Rule Please ensure you’re familiar with the Law & Justice policy concerning the ‘final
fail rule’ – where you fail a course in your final term or fail a core course in your
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penultimate term. Details of the policy can be found in the UNSW Law & Justice
Assessment Procedure and Student Information (also available on Moodle).
If you believe you are eligible for supplementary assessment under this rule, it
is your responsibility to contact your Program Director to discuss.
Plagiarism and academic
misconduct
The examination paper includes the standard instruction regarding the
University’s rules on plagiarism as applying to examination answers. It is
assumed that you are thoroughly familiar with the policies of UNSW and Law &
Justice regarding academic misconduct and plagiarism. Ignorance of the rules is
not an acceptable defence against an allegation of academic misconduct or
plagiarism. See the course Moodle page for links to the relevant policies.
There are no excuses for engaging in plagiarism. Exam answers will be checked
for plagiarism and other misconduct (such as hidden hyphens and images of
text). Impermissible similarities between student answers (current and former)
can be detected by academic integrity software and by teachers and will be
referred to the faculty Student Integrity Advisor for investigation.
Communication during the exam
This exam is not group work. It requires individual engagement only. Students
are not permitted to communicate with other people (including, but not limited
to, other students, family members, legal practitioners, and peer tutors) about
the exam during the exam window. Attempts to communicate with other
people about the exam will be referred to the faculty Student Integrity Advisor
for investigation, as will students who respond to any such solicitation. This
includes communication in person, by email, text message, telephone,
chatrooms and messaging apps.
You MUST NOT:
• share answers with other students
• share written notes about the answer
• copy from syndicated or shared notes, including online sources
• copy from any source without appropriate acknowledgement
• discuss the exam or possible answers with anyone prior to submitting
your answer.
Use of Generative Artificial
Intelligence (AI)
SIMPLE EDITING ASSISTANCE For this assessment task, you may use standard
editing software but not generative AI. You are permitted to use the full
capabilities of the standard editing software to answer the question. If the use
of generative AI such as ChatGPT is detected, it will be regarded as serious
academic misconduct and subject to the standard penalties, which may include
00FL, suspension and exclusion.
Exa m referee
If you believe that any aspect of the exam paper requires clarification during
the exam window, please contact the Exam Referee by email:
(d.dixon@unsw.edu.au).
For questions about these exam instructions please contact your course
convenor by email (d.dixon@unsw.edu.au) or post a question to the
Assessment forum on Moodle.
Tips
• Read the questions carefully and only answer the questions asked.
• Read the marking criteria.
• Plan/structure your answer carefully before you start.
• Use subheadings to help structure your answer.
• Avoid being repetitive.
• Write succinctly.
• Recognise that you are not expected to spend the whole 4 hours typing
your answer. It is anticipated that you will not need to spend any more
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than 2 hours drafting your answer. The rest of the time should be used
to read, think, plan, edit, submit without panicking for time, etc.
• Remember to save/back up your work regularly. UNSW provides all
students with free access to OneDrive (see UNSW IT here). It may be
prudent to save your work to your OneDrive account so that you can
access it from multiple devices in case you encounter hardware issues.
• If possible, we strongly recommend you have a spare secondary
connection device (e.g., a mobile phone that can be used as a
“personal hotspot” should your initial internet connection go down
at the time you are submitting your answer to Turnitin).
• Ensure that auto-updates are disabled on your computer prior to the
exam commencing. (Special consideration will not be awarded on the
grounds that your computer performed an update during the exam).
• Ensure that you have with you the mobile phone that has the UNSW
Authenticator App in the event you are required to authenticate for
access to any necessary UNSW services.