University College of the Caribbean

Offered through The University College of the Caribbean

2 Year Diploma Course

Course Objective

Course Outline

Common law reasoning and institutions
[2690030 (Diploma); 2650030 (LLB)]
(a) The nature of the common law tradition.
(b) Sources of law and principles of legal research.
(c) The role and operation of courts.
(d) Judicial reasoning in relation to (i) cases, and (ii) statutes.
(e) The judiciary and magistracy.
(f) The criminal process (in outline) and the role of rights in the process with particular attention to the operation of the jury.
(g) The civil justice process (in outline) with particular attention to reform.
(h) Legal services and access to justice with particular attention to the legal profession and legal aid.

Criminal law
[2690010 (Diploma); 2650010 (LLB)]
Aims: To develop a sound understanding of the general principles of criminal liability and an ability to critically analyse the rules of substantive criminal law.
Objectives: On completion of this course, students should have an awareness of the principles of criminal law, a sound working knowledge of the main criminal offences and defences and the factors affecting criminal liability. Students will be expected to demonstrate knowledge, understanding and an ability to apply the rules which make up the criminal law to problem situations of some legal complexity. In addition, they will be expected to show that they are able to express their considered views on whether the aims and objectives of the criminal law are appropriate in a modern legal system.

1. Introduction to criminal liability
(a) General principles of actus reus and mens rea
(b) Structure of criminal liability
2. Homicide and ‘special’ defences
(a) Murder
(i) Elements of the offence of murder
(ii) Defences of:-
provocation – section 3 Homicide Act 1957; and
diminished responsibility – Section 2 Homicide Act 1957
(b) Manslaughter
(i) Constructive manslaughter
(ii) Gross negligence manslaughter
(iii) Reckless manslaughter
3. Non-fatal offences against the person
(a) Assault and battery
(b) Assault occasioning actual bodily harm contrary to section 47 Offences Against the Person Act 1861 (OAPA 1861)
(c) Malicious wounding and maliciously inflicting grievous bodily harm contrary to section 20 OAPA 1861
(d) Wounding with intent and grievous bodily harm with intent contrary to section 18 OAPA 1861
(e) Administering poison offences contrary to sections 23 and 24 OAPA 1861
(f) Harassment contrary to section 2 Protection from Harassment Act 1997
(g) Racially aggravated assaults contrary to section 28 Crime and Disorder Act 1998
4. Sexual offences and the issue of consent as it relates to those offences
(a) Rape contrary to section 1 Sexual Offences Act 2003 (SOA 2003)
(b) Assault by penetration contrary to section 2 SOA 2003
(c) Sexual assault contrary to section 3 SOA 2003
(d) Causing a person to engage in sexual activity without consent contrary to section 4 SOA 2003
(e) Consent Sections 74, 75 and 76 SOA 2003
5. Defences
(a) ‘Defences’ of lack of mens rea
(i) Mistake
(ii) Intoxication
(b) Justification
(i) Self-defence
(ii) Force used in the course of preventing crime or arresting offenders: section 3 Criminal
Law Act 1967
(iii) Necessity
(c) Excuse
(i) Duress by threats
(ii) Duress of circumstances
(d) Mental ‘disorder’ defences
(i) Automatism
(ii) Insanity
(e) Impact of mistake and intoxication on defences generally
6. Inchoate offences
(a) Incitement
(b) Conspiracy / statutory conspiracy contrary to section 1 Criminal Law Act 1977
(c) Attempt contrary to section 1 Criminal Attempts Act 1980
7. Secondary liability. Section 8 Accessories and Abettors Act 1861
Offences against property
8. Offences contrary to the Thefts Acts 1968 and 1978
(a) Theft contrary to section 1 Theft Act 1968
(b) Robbery contrary to section 8 Theft Act 1968
(c) Burglary contrary to section 9 Theft Act 1968
(d) Aggravated burglary contrary to section 10 Theft Act 1968
(e) Blackmail contrary to section 21 Theft Act 1968
(f) Selected offences contrary to the Fraud Act 2006
(i) Fraud contrary to section 1 Fraud Act 2006
- by false representation section 2 Fraud Act 2006
- by failing to disclose information section 3 Fraud Act 2006
- by abuse of position section 4 Fraud Act 2006
(ii) Obtaining services dishonestly contrary to section 11 Fraud Act 2006
(g) Making off without payment contrary to section 3 Theft Act 1978
9. Offences contrary to the Criminal Damage Act 1971 and specific defences relating to criminal damage
(a) Criminal damage contrary to section 1(1) Criminal Damage Act 1971
(b) Aggravated criminal damage contrary to section 1(2) Criminal Damage Act 1971
(c) Arson contrary to section 1(3) Criminal Damage Act
(d) Racially aggravated criminal damage section 30 Crime and Disorder Act 1998
(e) Defence of belief in consent section 5(2)(a) Criminal Damage Act 1971
(f) Defence of defence of property section 5(2)(b) Criminal Damage Act 1971

Elements of the law of contract
[2690040 (Diploma); 2650040 (LLB)]
(a) The formation of contracts. Offer and acceptance. Consideration. Certainty of agreement. Intention to create legal relations. [Note: Questions will not be set on requirements as to the form of contracts].
(b) The content of the contract. Conditions, warranties and intermediate terms. Exemption clauses. Implied terms at common law. Collateral contracts. Statutory implied terms with regard to the quality of goods sold and goods or services supplied.
(c) Vitiating factors. Mistake. Misrepresentation. Duress and undue influence
(d) Illegality and public policy (excluding gaming and wagering). Contracts illegal at common law. Consequences of illegality. Contracts in restraint of trade.
(e) Capacity to contract, with particular reference to the capacity of minors.
(f) Privity of contract (excluding agency and assignment).
(g) Performance and breach. Substantial performance. Repudiation and anticipatory breach. Discharge by breach. Discharge under the doctrine of frustration.
(h) Remedies for breach of contract. General principles governing the assessment of damages. Remoteness of damage. Damages for non-financial loss. Mitigation. Restitutionary remedies. Liquidated damages and penalties. Specific performance.
[Note: The subject will also take account of relevant European Union legislation and how this is applied in the UK].

Public law
[2690020 (Diploma); 2650020 (LLB)]
(amended syllabus)
(a) Introduction. Characteristics of the constitution. Sovereignty of Parliament. Separation of powers. Rule of Law. Sources of the constitution. The structure of the United Kingdom. Central government, devolution and local government.
(b) Parliament. House of Commons: Composition and functions: Electoral law and reform. Composition and procedure. Functions (i) Legislative (ii) Financial (iii) Control of the Executive (iv) Role of the MP as an individual (v) Parliamentary privilege. House of Lords:
Composition and functions.
(c) The Executive and Administration. Crown and the Privy Council. Prime Minister and the Cabinet. Civil Service. Sources of executive power including the Royal prerogative. Delegated legislation. Ministerial responsibility. Control of Executive power: (i) Parliamentary: Parliamentary Commissioner for Administration. (ii) Judicial: Judicial review. Remedies.
(d) The European Union. Institutions of the European Union: (i) The Council (ii) The Commission (iii) The Parliament (iv) The Court of Justice. Sources of Community law. Community law and national law.
Community primacy and Parliamentary sovereignty.
(e) The citizen and the state. Statutory protection of human rights in the United Kingdom. European Convention on Human Rights and the Human Rights Act 1998. Public Order Law. State Security.

ENTRY REQUIREMENTS

To be announced

PROGRAMME SCHEDULE

Duration : Approximately 2 years.

Registration / Student Support

For further information, contact:

Programme Coordinator

Ms. Margo Facey - mfacey@uccjm.com

OR call

Toll Free: 1-888-CALL-UCC
Phone: (876) 929-2830/4
Fax : (876) 968-1926

The University College of the Caribbean
17 Worthington Avenue
Kingston 5
Jamaica, W.I.

(hours: 8:30:am - 6:30 pm Mon-Thur Eastern)
(hours: 8:30:am - 5:30pm Fri Eastern)
(hours: 8:30:am - 5:30pm Sun Eastern)
(visits: welcome via appointment)