Commonwealth Director of Public Prosecutions Annual Report 2006 – 2007 Vii
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DPP Commonwealth Director of Public Prosecutions Annual Report 2006 - 2007 II COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS © Commonwealth of Australia 2007 ISSN: 1034-3318 ISBN: 978-0-9751368-4-3 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Attorney General’s Department, Robert Garran Offices, National Circuit, Barton ACT 2600 or posted at http://www.ag.gov.au/cca. ANNUAL REPORT 2006 – 2007 III DPP Commonwealth Director of Public Prosecutions 12 October 2007 Attorney-General Parliament House Canberra My Dear Attorney I have the honour to submit my report on the operations of the Office of the Commonwealth Director of Public Prosecutions for the year ended 30 June 2007, in accordance with section 33(1) of the Director of Public Prosecutions Act 1983. Yours faithfully DAMIAN BUGG AM QC Director of Public Prosecutions IV COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS Office of the Commonwealth DPP Head Office Director: Damian Bugg AM QC 4 Marcus Clarke St, CANBERRA ACT 2600 Tel: 02 6206 5666, Fax: 02 6257 5709 PO Box 3104, CANBERRA ACT 2601 Email: [email protected] Sydney Office Deputy Director: Jim Jolliffe Level 7, Civic Tower, 66-68 Goulburn Street, SYDNEY NSW 2000 Tel: 02 9321 1100, Fax: 02 9264 8241, Locked Bag A4020, SYDNEY SOUTH NSW 1235 Email: [email protected] Melbourne Office Deputy Director: Mark Pedley 15th floor, 460 Lonsdale Street, MELBOURNE VIC 3000 Tel: 03 9605 4333, Fax: 03 9670 4295 GPO Box 21, MELBOURNE VIC 3001 Email: [email protected] Brisbane Office Deputy Director: David Adsett 19th Floor, 15 Adelaide St, BRISBANE QLD 4000 Tel: 07 3224 9444, Fax: 07 3229 4124 GPO Box 847, BRISBANE QLD 4001 Email: [email protected] Perth Office Deputy Director: Ros Fogliani 5th Floor, 77 St Georges Terrace, PERTH WA 6000 Tel: 08 9264 7264, Fax: 08 9264 7266 GPO Box B92, PERTH WA 6001 Email: [email protected] ANNUAL REPORT 2006 – 2007 V Adelaide Office Deputy Director: Freda Propsting 15th Floor, Commonwealth Bank Building, 100 King William St, ADELAIDE SA 5000 Tel: 08 8238 2600, Fax: 08 8231 8257 GPO Box 2562, ADELAIDE SA 5001 Email: [email protected] Hobart Office Assistant Director: Ian Arendt 8th Floor, 188 Collins St, HOBART TAS 7000 Tel: 03 6238 8100, Fax: 03 6238 8124 GPO Box 366, HOBART TAS 7001 Email: [email protected] Darwin Office Assistant Director: Paul Usher 9th Floor, 9-11 Cavenagh St, DARWIN NT 0800 Tel: 08 8980 8700, Fax: 08 8980 8777 GPO Box 3345, DARWIN NT 0801 Email: [email protected] Townsville Office Assistant Director: Gary Davey Level 3, 61-73 Sturt Street TOWNSVILLE QLD 4810 Tel: 07 4772 7177, Fax: 07 4772 1358 PO Box 1233, TOWNSVILLE QLD 4810 Email: [email protected] Cairns Office Principal Legal Officer: Andrew Lloyd Level 12, Cairns Corporate Tower, 15 Lake St, CAIRNS QLD 4870 Tel: 07 4031 3105, Fax: 07 4031 3438 PO Box 5955, CAIRNS QLD 4870 Email: [email protected] ACT Prosecutions Assistant Director: Jon White 4 Marcus Clarke St, CANBERRA ACT 2600 Tel: 02 6206 5666, Fax: 02 6206 5687 PO Box 3104, CANBERRA ACT 2601 VI COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS ANNUAL REPORT 2006 – 2007 VII Contents Compliance statement IX Director’s overview IX Chapter 1 Office of the DPP 1 Senior management chart Outcome and output chart 2005-2006 Chapter 2 General Prosecutions 11 Significant Cases Chapter 3 Commercial Prosecutions 51 Significant Cases Chapter 4 Statistics and Performance Indicators for General and Commercial Prosecutions 61 Chapter 5 Criminal Confiscation 75 Significant Cases Chapter 6 International 91 Chapter 7 Law Reform 99 Chapter 8 Practice Management 103 Chapter 9 Resource Management 113 Appendix 1 Statement under the Freedom of Information Act 135 Appendix 2 Commonwealth DPP Corporate Plan 137 Acronyms and Abbreviations 140 Financial statements 141 Compliance index 199 VIII COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS ANNUAL REPORT 2006 – 2007 IX Compliance Statement This Report has been prepared for the purpose of section 33 of the Director of Public Prosecutions Act 1983. Section 33(1) requires that the Director of Public Prosecutions shall, as soon as practicable after 30 June each year, prepare and furnish a report to the Attorney- General with regard to the operations of the Office during the year. Section 33(2) provides that the Attorney-General shall cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of receipt. The Report has been prepared in accordance with the Requirements for Departmental Annual Reports. As aids to access, the Report includes a table of contents, a glossary, in this report referred to as ‘Acronyms and Abbreviations’ and an alphabetical index. Anyone interested in knowing more about the DPP should have regard to the following documents: • The Prosecution Policy of the Commonwealth • DPP Corporate Plan • Portfolio Budget Statements for the Attorney-General’s Portfolio. The DPP homepage can be accessed at www.cdpp.gov.au and the email address is [email protected]. For further inquiries contact the media contact officer, DPP Head Office, on (02) 6206 5606. X COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS ANNUAL REPORT 2006 - 2007 X I Director’s Overview The past year has, once again, been a challenging one for the Office. The DPP is responsible for the prosecution of crimes against the laws of the Commonwealth and the recovery of the proceeds of that crime. The DPP is independent of the political process, and I am proud to say that it continues to deliver a high quality prosecution service to the Australian people. The decisions made by myself and my officers in the prosecution of Commonwealth crime are made in accordance with the Prosecution Policy of the Commonwealth. This document underpins the work of the DPP and is applied with respect to decisions made at every stage of the prosecution process – from the nature and number of charges to be pursued, to whether or not the DPP should appeal against a sentence imposed in a particular case. The Prosecution Policy informs the practice of the DPP. Its application to each case is designed to ensure that the practice of the DPP is consistent and fair, and that the DPP continues to perform its role in the criminal justice system effectively. The DPP is not an investigative agency. Rather, the DPP considers matters which are referred to it by the 40 or so agencies or departments which have an investigative or regulatory function. In considering whether to prosecute any one of those referrals, the Prosecution Policy of the Commonwealth is applied. The Prosecution Policy contains a two step test which must be met before prosecution action can be pursued. First, there must be sufficient evidence provided to the DPP by the investigative agency to justify the conclusion that there is a reasonable prospect of obtaining a conviction. If that first limb of the test is met, then the matter will be prosecuted unless it is not in the public interest to do so. Public interest factors, which are set out in the Prosecution Policy, are numerous, but it is fair to say that if the matter involves an allegation of serious wrongdoing, it is unlikely that the DPP will decide that the matter should not be prosecuted in the public interest. I noted in last year’s Report that the work of the Office has significantly expanded over the last several years. This expansion of the work of the DPP has resulted in the Office prosecuting significant numbers of matters which could be described as serious wrongdoing. These matters include people trafficking (sexual servitude and slavery offences), child sex tourism and the online sexual exploitation of children, serious drug offences, serious tax offences and money- laundering offences, and prosecutions arising out of the collapse of HIH. X II COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS The prosecution of terrorism offences under Part 5.3 of the Criminal Code continues to raise challenging issues for the Office.The broader jurisdictional cover of Part 5.3 will continue to demand attention to our understanding of, and cooperation with, other jurisdictions and their law enforcement agencies. The DPP takes these matters very seriously and continues to work with investigative agencies to ensure effective and fair prosecution outcomes. The DPP is in a unique position within the criminal justice system in Australia. Matters prosecuted by the DPP must be conducted in the eight different State and Territory jurisdictions around the country. Those jurisdictions have differing procedural requirements, and by and large the judicial officers who are called on to adjudicate Commonwealth matters are experts in State or Territory law rather than in the Commonwealth jurisdiction. This is rarely mentioned when the work of the Office is considered. The challenge confronting the Office in dealing, on a day to day basis, with matters being prosecuted across the jurisdictions of the country, involves not only presenting evidence, but may also require assisting courts in the interpretation and consideration of unfamiliar provisions and concepts in Commonwealth legislation. This complexity is an integral part of prosecuting Commonwealth crimes and I would like to acknowledge the significant task that Judges and Magistrates across the country face when dealing with Commonwealth matters. I noted in last year’s Report that I am proud of the professionalism and commitment of the staff of the Office. Due to the expanding nature and complexity of the work of the DPP, the Office has commenced a national recruitment campaign.