Canberra · Commonwealth and federal crime
Commonwealth and federal criminal charges in Canberra.
Canberra is the seat of the Commonwealth, so a large share of serious matters here are federal, not territory, matters. They are prosecuted by the Commonwealth DPP, run under Commonwealth law, and carry traps that catch lawyers who only know the State system.
- ProsecutorCommonwealth DPPNot the ACT DPP
- LawCriminal Code (Cth)And other federal Acts
- JuryUnanimous, 12Section 80 of the Constitution
- Judge-aloneNot availableFor Commonwealth indictable charges
Why federal matters are different.
A Commonwealth offence is an offence against a federal law: fraud on a Commonwealth body, money laundering, importation, a secrecy offence, a tax or corporate offence. In Canberra these are common, because so many people work for or deal with the Commonwealth. Federal matters are investigated by federal agencies, prosecuted by the Commonwealth Director of Public Prosecutions, and tried in the ACT courts, but under Commonwealth law and procedure.
The differences are real. Commonwealth sentencing runs on its own statute. Commonwealth investigative bodies have coercive powers that State police do not. And one difference matters more than any other for a trial.
The judge-alone trap.
The ACT is known for allowing an accused to choose a judge-alone trial under s 68B of the Supreme Court Act 1933 (ACT). That choice is not available for a Commonwealth indictable offence. Section 80 of the Constitution guarantees a jury trial for a Commonwealth offence tried on indictment, the verdict must be unanimous, and the High Court has held that the guarantee cannot be waived. So a serious federal charge in Canberra is tried by a unanimous jury of 12, with no judge-alone option. A lawyer who assumes the ACT election applies has made a serious error before the trial starts.
Federal matters that arise in Canberra.
Commonwealth fraud
Obtaining property or a financial advantage from a Commonwealth body, and general dishonesty, under Part 7.3 of the Criminal Code (Cth). Ten years for the deception offences.
Commonwealth fraud →Centrelink and welfare fraud
Obtaining a financial advantage from Services Australia, usually charged under s 135.2 of the Criminal Code (Cth). Investigated by Services Australia, prosecuted by the CDPP.
Centrelink fraud →Money laundering
Dealing with the proceeds of crime under Division 400 of the Criminal Code (Cth). The penalty is tiered by value and by fault, up to 25 years.
Money laundering →Commonwealth sentencing.
Federal matters are sentenced under s 16A of the Crimes Act 1914 (Cth), which lists the factors a court must weigh, from the nature of the offence and its impact to contrition, a guilty plea, cooperation, deterrence and rehabilitation. For lower sentences the court can release a person on a recognizance, a good behaviour order, under s 20, which is the federal analogue of a bond and of parole for shorter terms. The framework is different from ACT sentencing, and the submissions have to be built for it.
How a federal matter is run.
A Commonwealth brief is usually a document brief: financial records, agency data, and the results of coercive processes. The work is to reconstruct the case, test the inference of dishonesty or knowledge, and identify what the accused actually did and intended. Where a coercive examination has taken place, the use that can be made of what was said is examined carefully. These matters are prepared for a jury trial from the start, because a jury trial is the only trial available for a serious federal charge.
Frequently asked.
Who prosecutes federal criminal charges in Canberra?
The Commonwealth Director of Public Prosecutions, the CDPP, prosecutes Commonwealth offences. The ACT DPP prosecutes territory offences. Federal matters are tried in the ACT courts but under Commonwealth law.
Can I choose a judge-alone trial for a Commonwealth charge in the ACT?
No. Section 80 of the Constitution guarantees a unanimous jury trial for a Commonwealth offence tried on indictment, and it cannot be waived. The ACT judge-alone election under s 68B applies only to territory offences, not Commonwealth ones.
What are the common federal charges in Canberra?
Commonwealth fraud and general dishonesty under Part 7.3 of the Criminal Code (Cth), Centrelink and welfare fraud, money laundering under Division 400, importation offences, and secrecy offences, along with NACC and ACIC investigations and APS and security-clearance matters.
How are federal matters sentenced?
Under s 16A of the Crimes Act 1914 (Cth), which lists the factors a court must consider. For lower sentences a person can be released on a recognizance good behaviour order under s 20, the federal analogue of a bond.
Facing a Commonwealth charge or a federal investigation?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019