Criminal Law & Procedure
Summary Notes
Please find attached template for summarising the subject in accordance with
the subject guide.
Print out and bind your subject guide. The subject guide is your bible.
The following summary notes template has been structured in accordance with
the subject guide (ie it follows the same headings, and same key cases). You can
use the template to create your core summaries. While this notes template is
useful (because it focuses on the subject guide the lecturer has given you), use
whatever note system works best for you.
Create a similar notes template for Legal Institutions, using the subject guide for
that topic.
Through out the semester
Step 1 – Prior to the lecture read the prescribed text and any lecturer’s notes on
the Webcampus. (Focus on and highlight in the text relevant sections of the
Crimes Act and key cases, noted in the subject guide). This will make the lecture
like a revision session.
Step 2 – Attend the lecture
Step 3 - Read and tidy up your lecture notes within 48 hours of the lecture (helps
you to remember it)
Step 4 – Read the prescribed readings from your text.
Step 5 – Read any notes or other materials for the topic the lecturer has put on
Webcampus.
Step 6 – Read the relevant section of the Crimes Act.
Step 7 – Read the key case extracts (marked with a * in the subject guide) from
your Criminal Law Source book. The case extracts show you how judges cite
relevant law, and apply the law to the facts (it is like a judges exam answer for
other judges). They also serve as good revision because they often refer to other
key cases. Refer to the relevant key cases in your assignment and exam.
Step 8 – Summarise your lecture notes, prescribed readings, legislation, and case
extracts into one document for each topic. Remember the lecturer just wants you
to understand the basic principles so keep your summaries brief.
Step 9 – Six weeks prior to the exam start summarise your summary to a
maximum of 1 to 1.5 pages per topic (ie 18 topics equals maximum of 18 to 27
pages for the whole course). This is the document you take to the exam (eg (1)
the relevant section of the Crimes Act, elements, and (2) for each case a line to
prompt you on the key facts, a line on the issue, and a couple of lines, in your
own words, on the key principle or test.
Step 10 – Throughout the semester and prior to the exam do past exam papers.
Practice applying the law you have learned. The exam questions often use factual
scenarios from key cases.
Step 11 – Create (1) a 1 page map overview of the subject, and (2) a one page
overview map for each key offence. Note on your map relevant section of Act, key
cases. Note available defences for each offence.
Prior to exam
Step 12 – Prior to exam do two past papers under exam conditions (ie to time,
and by hand). This helps you to practice spotting the issues, citing the relevant
section, citing the law, applying the law, and providing a conclusion. It puts you
in exam mode. Remember the biggest issue is running out of time in exams, so
this practice is critical to help you with your time management.
Index
Summaries
The key cases (noted in the subject guide with a *) are highlighted, in bold and
underlined. It is a good idea to cite key cases in the assignment and exam, as the
lecturer is often looking for these.
1. General Principles of Criminal Responsibility
Introduction
(1) Generally
Write a brief summary here, to give you an idea of what
this is about, from your lecture notes and readings.

Relevant Sections
If relevant state the relevant section/s of the Crimes Act
here. Summarise into key elements.
Note there will be relevant sections for specific offences
found later in the subject guide such as property offences.
Case
He Kaw The (1985) (this case is in bold and underlined to
note it is key case marked with a * in the subject guide.)
Briefly write out enough of the facts to jog your memory.
No more than a couple of lines.
What was the key issue in this case? One line.
What is the key principle of test this case is the authority
for? No more than a couple of lines.
Facts
Issue
Law
Outcome
Outcome
Introduction
Relevant Section
Case
Facts
Issue
Law
Outcome
Case
Facts
Issue
Law
Outcome
What was the outcome? One line.
(2) Actus Reus: the physical or external element
Write a brief intro here as noted by lecturer and in
prescribed text. Just enough to get your head around it. Eg
what is Actus Reus.
If relevant state the relevant section/s of the Crimes Act
here. Summarise into key elements.
Note there will be relevant sections for specific offences
found later in the subject guide such as property offences.
Ryan (1967)
Falconer (1967)
Case
Facts
Issue
Law
Outcome
Case
Facts
Issue
Law
Outcome
Case
Facts
Issue
Law
Outcome
(3) Mens Rea: the fault or mental element
Nedrick (1986)
Crabbe (1985)
Nydam (1977)
(4) Strict and absolute liability
Introduction
Relevant Section
Case
Facts
Issue
Law
Outcome
He Kaw The (1985)
2. Property Offences
Introduction
Relevant Section
Write a brief intro here as noted by lecturer and in
prescribed text. Just enough to get your head around it.
What is common law larceny?
See synopsis in subject guide.
See any lecturer notes on Webcampus
What are the relevant sections of the Crimes Act for
Common Law larceny? State elements.
See subject guide – the lecturer tells you the relevant
sections.
S116 – s123.
Put each section on a line and summarise. What are the key
elements for that section.
(1) Basic Larceny
Write a brief intro here? What is common law larceny?
See synopsis in subject guide.
See any lecturer notes on Webcampus
S4B
S94AA
S116
Case
Facts
Issue
Law
Outcome
Case
Facts
Issue
Law
Outcome
Case
Facts
Issue
Law
Outcome
Case
Facts
Issue
Law
Outcome
Case
Facts
Issue
Law
Outcome
Case
Facts
Issue
Law
Outcome
Case
Facts
Issue
Law
S117
S118
S119
S120
S121
S122
S123
S154A
S154F
(a) Actus Reus
(aa) Property Capable of Being Stolen
R v White
R v Daley
Trumbich v Weston
Billing v Pill
(ab) Property belonging to another
Kelly (this case is in bold and underlined to note it is key
case marked with a * in the subject guide.)
Anic
Croton
Outcome