UNIVERSITY OF PAPUA NEW GUINEA
SCHOOL OF LAW
PRACTICE AND PROCEDURE IN TRANSNATIONAL CRIMES PROSECUTION
[5.27705]
COURSE OUTLINE SEMESTER 1 – 2024
1. COURSE DETAILS
Course Number: 5.27705
Course Title: Practice & Procedure in Transnational Crimes Prosecution
(PPTNCP)
Credit Points: 3
Pre-requisites: [5.30716] International Law; [5.20707] Criminal Law; and
[5.27701] Trial Practice and Criminal Procedure
Role in Diploma Program: Compulsory Course
2. COURSE DESCRIPTION
This is a course for candidates in the Diploma in Law of Prosecutions (DLP) only and it is not an
optional course for candidates enrolled in the LLB degree program.
A survey of the current international and domestic transnational crimes that pose national security
threats to PNG will be undertaken. International and domestic policy & law will then be critically
analysed to determine whether or not those security threats are effectively dealt with.
It is hoped that the knowledge acquired in this course will assist students with basic knowledge of
the process and procedure necessary to effect successful investigation and prosecution of
transnational crimes which essentially involves international co-operation, extradition and mutual
assistance.
3. COURSE LECTURER AND CONTACT INFORMATION
My name is Canute Nidue, and I am your lecturer in Practice & Procedure in Transnational Crimes
Prosecution – 5.27705. I also teach Natural Resources Law – 5.40724, Environmental Law –
5.40731 and Civil Procedure & Remedies – 5.37703. I have also taught Contract Law, Criminal
Law, Trial Practice & Criminal Procedure, Criminology & Penology and I supervise students in
the Major Research Paper course. I also wear other hats as the Legal Clinical Programme Strand
Leader, former Deputy Dean Academic, current Deputy Dean Policy & Planning and the Law
Student’s Society representative as a Councillor on the Legal Training Institute Council.
I was a student at the UPNG and obtained my Bachelor of Law degree in 1996. In 1997, I was
admitted to the Bar. I had practiced with a number private law firms before moving to Melbourne,
Australia in 2001 to pursue Post Graduate studies at the University of Melbourne, Law School and
in 2002 I obtained a Master of Laws Degree. I returned to Port Moresby and practiced Law from
2004 to 2008. On 28th May 2008, I took up a teaching position with the UPNG School of Law. I
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currently hold an Unrestricted Practicing Certificate practicing under my own Firm for the past 16
years but I have been in general commercial practice and litigation practice both civil and criminal
before the District, National and Supreme Courts for almost 26 years.
My main academic interests are Civil Procedure & Remedies, Environmental and Natural
Resources Law.
I hope you find this course interesting and rewarding to study. My office is located at Suite 7,
Level 1, East Wing at the School of Law Building UPNG and I encourage you to come and see
me during my consultation hours, as follows:
Day Monday Tuesday Wednesday Thursday Friday
Hours 1pm-2pm 12pm-1pm 12pm-1pm
If you cannot make it during these hours, contact me after class, by email [email protected] or
through your course representative.
4. COURSE LEARNING OUTCOMES
1. Identify and critically analyse transnational crimes that pose security threats to Papua
New Guinea.
2. Identify and critically analyse international and domestic policy and law on transnational
crimes that pose security threats to Papua New Guinea.
3. Examine and demonstrate the application of procedures involved in international
cooperation, extradition and mutual assistance.
4. Review, evaluate and describe the application of the provisions of the Extradition Act
2005, Mutual Assistance in Criminal Matters Act 2005 and Proceeds of Crimes Act 2005.
5. Identify, review and summarize the application of the: Cyber Crime Code Act 2016,
Controlled Substances Act 2012, Anti-Money Laundering and Counter Terrorist Financing
Act 2015 and United Nations Financial Sanctions Act 2015.
6. Draft appropriate pleadings and advice based on hypothetical fact situations and
communicate legal advice effectively in written English, observing appropriate
professional conventions and legal citation practices and, drafting of pleadings.
7. Engage in the evaluation and critique of the law, practice and policy of transnational
crimes in Papua New Guinea.
5. GRADUATE ATTRIBUTES DEVELOPED
The above Course Learning Outcomes make the following contributions to your graduate profile
as prescribed by Clause 4 of the UPNG Assessment and Accreditation Policy (2015):
1. Ability to communicate with others; with listening, speaking, reading, writing, and
nonverbal communication skills sufficient to offer and receive complex information.
(Cl.4.2.1)
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2. Ability to identify, deconstruct and solve complex problems; with skills sufficient to: obtain
and analyse relevant information, including numerical information; use logical reasoning
in constructing arguments; consider options and alternative viewpoints; and propose and
implement holistic solutions. (Cl. 4.2.2)
3. Research skills sufficient to obtain information from diverse sources. (Cl. 4.2.3)
4. Ability to use contemporary information technology for communication, research, and
analysis.(Cl. 4.2.4)
5. Specific skills sufficient to meet a specific national workforce need.(Cl. 4.2.5)
6. Self-confidence and the ability to accept and provide constructive criticism. (Cl. 4.2.10)
6. COURSE CONTENT & SCHEDULE OF LEARNING ACTIVITIES
The following table shows the schedule of topics and learning activities. It is critical that you keep
to the schedule. You will find it very difficult to catch up if you fall behind.
Week Topic Assignments/Asse Other CLOs
ssments/Required Activities aligned
reading (Location/ with Topics
Date)
2 1. Introduction
• WhatsApp 15th, 18th - 1, 2 & 7
a. What is Transnational link 19th July
Crime? Transnation 2024
b. Transnational Crime in al Crime by
Dr.
PNG: Terrorism, Money
Albanese
Laundering, Human https://yout
Trafficking, Human u.be/rWph1
Smuggling, Child Sex JaT4pl
Offences, Drug Trafficking, • Lecture
Arms/Drug Trade & Cyber Notes 1 –
Crime. 2024
• National
c. Good Governance.
Security
d. PNG National Security Policy 2013
Policy 2013. • MTDP IV
e. Defence White Paper 2013. • WhatsApp
Material
3 2. International Law & Transnational • Lecture 22nd, 25th – 1, 2 & 7
Crimes Notes 1 - 26th July
2024 2024.
(a) What constitutes • WhatsApp (23rd July
material 2024
International Law?
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(b) Transnational Crimes under Remembra
International Law. nce Day)
3 (c) Who does International Law • Lecture 22nd, 25th – 1, 2 & 7
apply to? Notes 1 - 26th July
2024 2024.
• WhatsApp (23rd July
material 2024
Remembra
nce Day)
3 (d) Sources of International • Lecture 22nd, 25th – 1, 2 & 7
Law Notes 1 - 26th July
2024 2024. (23rd
• WhatsApp July 2024
material Remembra
nce Day)
3 (e) The Law of Treaties • Lecture 22nd, 25th – 1, 2 & 7
Notes 1 - 26th July
2024 2024.
• WhatsApp (23rd July
material 2024
Remembra
nce Day)
4 3. Introduction to General Principles • Lecture 29th July 3&7
of International Co-operation. Notes 2 - 2024, 01st –
Elements of International Co- 2024 02nd August
operation. • Commonwe 2024
alth
a. Extradition
Secretariat
b. Mutual Assistance in Criminal 2001,
Matters Internationa
c. Other forms of Co-operation l Co-
d. Relevance of Different Legal operation
Systems in International Combat
Cooperation Crime
(Course
Notes) pp
1-9. See
Teaching
Material in
Practice &
Procedure in
Transnational
Crimes
Prosecution
5 4. The Bases of International • Lecture 05th, 08th - 3 & 7
Cooperation Notes 2 - 09th August
a. Overview of Bases of Co- 2024 2024
operation • Commonwe
alth
b. Treaties
Secretariat
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c. Commonwealth Schemes 2001,
i. London Scheme on the Internationa
Rendition of Fugitive l Co-
operation
Offenders
Combat
ii. Harare Scheme on Crime
Mutual Assistance in (Course
Criminal Matters Notes) pp
d. Comity 11-24. See
e. Requests for Assistance Teaching
Material in
Requesting Authority Practice &
i. State to State Procedure in
Transnational
ii. Court to Court Crimes
iii. Agency to Agency Prosecution
f. Jurisdictional Bases of
Requests for Assistance
i. Territorial Principle
ii. Nationality Principle
iii. Passive Nationality
or Personality
Principle
iv. Protective Principle
v. Principle of
Universality
vi. Application of
Principles
6 5. International Conventions, • WhatsApp 12th, 15th & 3 & 7
Protocols or Declarations on material 16th August
Transnational Crimes 2024
a. United Nations Convention
Against Transnational
Organized Crimes:
b. Protocol to Prevent, Suppress
and Punish Trafficking in
Persons, Especially Women
and Children, supplementing
the United Nations
Convention against
Transnational Organized
Crime (2000)
c. United Nations Convention
Against Corruption
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d. Ways in which PNG gives
effect to International
Treaties
i. Extradition Act 2005;
4, 5, 6 & 7
ii. Mutual Assistance in
Criminal Matters Act
2005 and Mutual
Legal Assistance
(Amendment) Act
2015;
iii. Proceeds of Crimes
Act 2005 and
Proceeds of Crime
(Amendment) Act
2015.
iv. Anti-Money
Laundering & Counter
Terrorist Financing
Act 2015.
v. United Nations
Financial Sanctions
Act 2015.
vi. Cyber Crime Code Act
2016.
e. Pacific Islands Forum (PIF) • WhatsApp
material
7 CONSOLIDATION WEEK 19nd to 23rd
August
2024
(Repentanc
e Day)
8 6. PNG development policy on • WhatsApp 26th, 29th & 2 & 7
National Security and material 30th August
2024
Transnational Crimes
(a) Constitution
(b) United Nations Millennium
Development Goals
(c) Vision 2050
(d) DSP 2010 – 2030
(e) Medium Term Development
Plan 2011-15
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(f) National Strategy for
Responsible Sustainable
Development (StaRS)
(g) Sustainable Development
Goals (SDGs), 2015
(h) MTDP II, 2016-17
(i) MTDP III, 2018 – 22
(j) MTDP IV, 2023-27
• WhatsApp 02nd 2&7
9 7. Current State of Development material September,
Policy as it Relates to 05th & 06th
September
Transnational Crimes
2024
Selected Transnational Crimes
Policies
a. National Security Policy
2013
b. Defence White Paper
c. National Cyber Security
Policy
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10
8. Domestic Transnational Crimes • WhatsApp 09th, 12th & 4, 5, 6 & 7
Law material 13th
September
2024
Legislation
a. Extradition Act 2005;
b. Mutual Assistance in Criminal
Matters Act 2005 and Mutual
Legal Assistance
(Amendment) Act 2015;
c. Proceeds of Crimes Act 2005
and Proceeds of Crime
(Amendment) Act 2015.
d. Anti-Money Laundering &
Counter Terrorist Financing
Act 2015.
e. United Nations Financial
Sanctions Act 2015.
f. Cyber Crime Code Act 2016.
Case Law
No case Law.
11, 12 9. Application of the Provisions of • WhatsApp 16th, to 19th 4, 5, 6 & 7
& 13 the: material & 20th
September
2024 (16th
a. Extradition Act 2005; September
b. Mutual Assistance in Criminal 2024)
Matters Act 2005 and Mutual
Legal Assistance 23rd, 26th &
(Amendment) Act 2015; 27th
c. Proceeds of Crimes Act 2005 September
2024
and Proceeds of Crime
(Amendment) Act 2015. 30th
September
2024 to 03rd
& 04th
October
2024
14 STUDY BREAK 07th October
2024 to 11th
October
2024
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15 & EXAM WEEKS 14th October
16 2024 to 23rd
EXAM DATE TBA October
2024
7. STUDENT WORKLOAD, TEACHING AND LEARNING ACTIVITIES (VOLUME
OF LEARNING)
Completion of this course requires your participation in the following learning activities:
Activities Monday Tuesday Wed Thursday Friday Sat Sun Total hrs.
Lectures 3pm to 10am- 2 hrs.
4pm 11am
Lect. Rm Lect. Rm
5 5
Tutorials 3pm-4pm 1 hr.
Lect. Rm
5
Any other 14 hrs.
learning
activity
(research,
reading
writing,
seminars,
etc.)
The time required to complete this course is approximately 3 contact hours per week for 13 weeks
for 39 hours for the entire Semester. Any other learning activity is not limited to but say 14 hours
per week including Saturday and Sunday for 16 weeks is 224 hours. Total volume is learning is
approximately 263 hrs.
This diagram/table/chart shows how the learning activities fit together to achieve the course
learning outcomes:
Lectures, Readings,
Tutorials & Other Theory
Learning Activities
Practical Exercises and
Understanding Homework
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8. ASSESSMENT AND EVALUATION
Assessment Marks Due Dates Group or CLOs Aligned
Individual with
Assessment Assessments
Class Test 1 10 29.07.24 Individual 1, 2 & 7
Assignment 1 10 19.08.24 Individual 4, 5, 6 & 7
Assignment 2 10 17.09.24 Individual 4, 5, 6 & 7
Assignment 3 10 30.09.24 Individual 4, 5, 6 & 7
Assignment 4 10 14.10.24 Individual 4, 5, 6 & 7
Exam 50 TBA Individual 1,2,3,4,5,6 & 7
9. ATTENDANCE AND OTHER REQUIREMENTS TO PASS THE COURSE
1. Students are required to attend all Lectures and Tutorials.
2. All assessments must be submitted on time.
3. Students will be reported to the Student Disciplinary Committee for Plagiarism.
10. STUDENT AND COURSE EVALUATION STRATEGIES
1. Students are encouraged to provide informal feedback to the lecturers during the course.
2. Toward the second last week of the course a formal student evaluation of the lecturer’s
performance will be conducted by the UPNG. All students are required to participate in
this evaluation.
3. Students are advised to make constructive comments either positive or negative about the
effectiveness of the teaching and learning strategies used to achieve the learning outcomes
and to develop the graduate attributes.
4. Comments made by students will help lecturers to improve their professional performance.
11. OTHER INFORMATION
1. All assessments will be marked and returned within a week of the due date.
2. Students are encouraged to raise any issue regarding their assessments.
3. I will be available for consultation for assessment issues or any matter concerning this
course at my consultation times as indicated above.
12. KEY REFERENCES FOR THE COURSE
1. Lecture notes to be distributed to students via WhatsApp.
2. Teaching Material in Practice and Procedure in Transnational Crimes Prosecution.
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3. PNG Extradition Act 2005.
4. PNG Mutual Assistance in Criminal Matters Act 2005.
5. PNG Proceeds of Crimes Act 2005.
6. Australian Extradition Act 1988.
7. Australia Mutual Assistance in Criminal Matters Act 1987.
8. Australia Proceeds of Crimes Act 1987.
9. Papua New Guinea Defence Board of Inquiry Report prepared by Chairman and
Commissioner Honourable Justice Gibbs Salika, CSM, OBE, Supreme Court Judge of
Papua New Guinea, General (Retired) Anthony Huai, CBE, Deputy Chairman and
Commissioner and Daniel Liosi, Commissioner from 13 December 2006 – 16 March 2007.
10. Moti v. The Queen [2011] HCA 50 (7 December 2011) High Court of Australia.
11. Media reports on Indonesian fugitive Djoko Tjandra, Australian drug smuggling Pilot
David John Cutmore and PNG national Jeffery Kennedy accused of raping an Australian
minor.
12. Extradition Treaty between PNG and Indonesia.
13. Media reports on Edward Snowden and Julian Assange.
14. PNG National Security Policy 2013 see WhatsApp.
15. PNG Defence White Paper 2013 see WhatsApp.
16. National Cyber Security Policy 2021 see WhatsApp.
17. Prevalence of Transnational Crimes in PNG By Design or Default see WhatsApp.
18. Transnational Organised Crime in the Pacific see WhatsApp.
19. Other material as recommended from time to time.
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