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PRACTICE AREA

Commonwealth criminal offences

Principal Solicitor Joshua Jung advises on federal criminal allegations, including matters prosecuted by the Commonwealth Director of Public Prosecutions. Commonwealth offences are created by federal legislation, while trials and sentencing commonly occur in state courts exercising federal jurisdiction.

Commonwealth law

The offence, elements and maximum penalty are found in the relevant Commonwealth legislation.

NSW courts

Local, District or Supreme Courts may exercise federal jurisdiction. The Federal Court is not the ordinary criminal trial court for these prosecutions.

Federal sentencing

Part IB of the Crimes Act 1914 (Cth) contains important federal sentencing provisions, applied with the relevant procedural law.

Common federal allegations

Border-controlled drug offences

Importation and attempted importation offences are principally governed by the Criminal Code Act 1995 (Cth), investigated by Commonwealth agencies including the AFP and prosecuted by the Commonwealth Director of Public Prosecutions.

Commonwealth fraud

Allegations involving taxation, social security, Medicare or another Commonwealth entity may engage offence provisions in the Criminal Code Act 1995 (Cth) and agency-specific legislation.

Money laundering

Division 400 of the Criminal Code Act 1995 (Cth) contains offences concerning money or property that is proceeds of crime or an instrument of crime. The elements and fault requirements vary by offence.

Other federal allegations

Commonwealth prosecutions can include telecommunications, cybercrime, national-security, corporate and regulatory allegations. The precise offence and prosecuting agency determine the applicable pathway.

Issues requiring careful analysis

  • Whether each physical and fault element can be proved beyond reasonable doubt
  • Knowledge, intention, recklessness or dishonesty requirements in the charged provision
  • Admissibility and reliability of electronic, financial, surveillance and intercepted material
  • Jurisdiction, charge selection and the interaction between Commonwealth law and NSW procedure
  • Whether duress, mistake or another legal defence is available on the particular facts

Discuss a Commonwealth matter

Request a confidential initial discussion with Principal Solicitor Joshua Jung.

Request a Confidential Callback

Provide a few basic details and the firm will contact you as promptly as availability permits. For urgent matters, call Joshua directly on 0410 630 671.

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Call Joshua – 0410 630 671