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Commonwealth DPP Annual Report 2008-2009

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Commonwealth DPP Annual Report 2008-2009 annual report 2008–09 Commonwealth direCtor of publiC proseCutions © Commonwealth of Australia 2009 ISSN: 1034-3318 ISBN: 978-0-9751368-7-4 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 www.ag.gov.au/cca. ii annual report 2008–09 22 October 2009 Attorney-General Parliament House Canberra Dear Attorney I have the honour to submit my report on the operations of the Office of the Commonwealth Director Public Prosecutions for the year ended 30 June 2009, in accordance with section 33(1) of the Director of Public Prosecutions Act 1983. Yours faithfully CHRISTOPHER CRAIGIE SC Commonwealth Director of Public Prosecutions www.cdpp.gov.au commonwealth director of public prosecutions iii Office of the Commonwealth DPP Canberra OffiCe briSbane OffiCe Director: Christopher Craigie SC Deputy Director: David Adsett 4 Marcus Clarke St, 19th Floor, 15 Adelaide St, CANBERRA CITY ACT 2601 BRISBANE QLD 4000 Tel: 02 6206 5666, Fax: 02 6257 5709 Tel: 07 3224 9444, Fax: 07 3229 4124 PO Box 3104, CANBERRA CITY ACT 2601 GPO Box 847, BRISBANE QLD 4001 Email: [email protected] Email: [email protected] Sydney OffiCe Perth OffiCe Deputy Director: Jim Jolliffe Deputy Director: Ros Fogliani Level 7, Civic Tower, 66-68 Goulburn Street, 5th Floor, 77 St Georges Terrace, SYDNEY NSW 2000 PERTH WA 6000 Tel: 02 9321 1100, Fax: 02 9264 8241, Tel: 08 9264 7264, Fax: 08 9264 7266 Locked Bag A4020, GPO Box B92, PERTH WA 6001 SYDNEY SOUTH NSW 1235 Email: [email protected] Email: [email protected] adelaide OffiCe MelbOurne OffiCe Deputy Director: Freda Propsting Deputy Director: Mark Pedley 15th Floor, Commonwealth Bank Building, 15th floor, 460 Lonsdale Street, 100 King William St, MELBOURNE VIC 3000 ADELAIDE SA 5000 Tel: 03 9605 4333, Fax: 03 9670 4295 Tel: 08 8238 2600, Fax: 08 8231 8257 GPO Box 21A, MELBOURNE VIC 3001 GPO Box 2562, ADELAIDE SA 5001 Email: [email protected] Email: [email protected] iv annual report 2008–09 Back row (left to right) – Mark Pedley, Deputy Director Melbourne; Ian Arendt, Senior Assistant Director Hobart; Ros Fogliani, Deputy Director Perth; Graeme Davidson, Deputy Director Head Office; David Adsett, Deputy Director Brisbane; Mark McCarthy, Senior Assistant Director Darwin; James Carter, Deputy Director Head Office; Freda Propsting, Deputy Director Adelaide; Jim Jolliffe, Deputy Director Sydney; Front row (left to right) – John Thornton, First Deputy Director Head Office; Christopher Craigie SC, Director; Stela Walker, Deputy Director Head Office. Hobart OffiCe CairnS OffiCe Senior Assistant Director: Ian Arendt Principal Legal Officer: Jane Bentley 8th Floor, 188 Collins St, Level 12, Cairns Corporate Tower, 15 Lake St, HOBART TAS 7000 CAIRNS QLD 4870 Tel: 03 6238 8100, Fax: 03 6238 8124 Tel: 07 4031 3105, Fax: 07 4031 3438 GPO Box 366, HOBART TAS 7001 PO Box 5955, CAIRNS QLD 4870 Email: [email protected] Email: [email protected] darwin OffiCe aCt and SOuthern nSw OffiCe Senior Assistant Director: Mark McCarthy Senior Assistant Director: Sara Cronan 9th Floor, National Mutual Centre, 1 Farrell Place 11 Cavenagh St, CANBERRA ACT 2600 DARWIN NT 0800 Tel: 02 6206 5666, Fax: 02 6257 1822 Tel: 08 8980 8700, Fax: 08 8980 8777 PO Box 3104, CANBERRA CITY ACT 2601 GPO Box 3345, DARWIN NT 0801 Email: [email protected] TownSville OffiCe Senior 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] commonwealth director of public prosecutions v Contents Compliance Statement viii Director’s overview ix Chapter 1—Office of the CDPP 1 Chapter 2—Areas of Practice 11 2.1 Fraud 12 2.2 Serious Drugs 34 2.3 Commercial Prosecutions 46 2.4 Counter-Terrorism 54 2.5 Money Laundering 60 2.6 People Trafficking, Slavery and Sexual Servitude 68 2.7 People Smuggling 72 2.8 Child Exploitation 76 2.9 Environment, Safety and General Prosecutions 88 Chapter 3—Statistics and Performance Indicators 101 Chapter 4—Criminal Confiscation 119 Chapter 5—International Crime Cooperation 133 Chapter 6—International Contribution 139 Chapter 7—Law Reform 145 Chapter 8—Practice Management 151 Chapter 9—Corporate Management 159 Appendix 1—Statement under the Freedom of Information Act 176 Appendix 2—CDPP Strategic Directions 178 Appendix 3—Prosecution Policy of the Commonwealth 180 Appendix 4—CDPP Victims of Crime Policy 226 Financial Statements 228 Acronyms and Abbreviations 300 Index 303 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 days of receipt. The Report has been prepared in accordance with the Requirements for Annual Reports for 2008-2009. As aids to access, the Report includes a table of contents, a glossary, referred to as ‘Acronyms and Abbreviations’, and an alphabetical index. Anyone interested in knowing more about the CDPP should have regard to the following documents: ÿ The Prosecution Policy of the Commonwealth; ÿ CDPP Strategic Directions; and ÿ Portfolio Budget Statements for the Attorney-General’s Portfolio. The CDPP homepage can be accessed at www.cdpp.gov.au and the email address is [email protected]. For further inquiries contact the media contact officer, CDPP Head Office, on (02) 6206 5606. viii annual report 2008–09 Director’s Overview This year marked an important milestone for the quarter century. From its long standing practice Office as the CDPP celebrated its 25th Anniversary involving fraud on the Commonwealth and the on 5 March 2009. The Commonwealth through importation of serious drugs, the CDPP now successive Governments has, for 25 years, remained prosecutes in a great variety of areas. These include committed to the crucial principle of independence prosecutions relating to national security, counter upon which the Office was founded. terrorism, serious and organised crime and border protection. If one were to identify a key feature of The Office was delighted the Attorney was able the CDPP’s development in the last 25 years this to attend our Anniversary celebration. On the would be its continuing and growing capacity to occasion I thanked our current Attorney and all the take on new challenges and to adapt with new skills, Commonwealth Attorneys over the history of the expertise and effective responses. CDPP for their commitment to the independence of the Office and their support for our work. As The principles governing the basis upon which the I present this Report I would like to thank the CDPP performs statutory functions were affirmed Attorney and the Minister for Home Affairs, The this year in the revised Prosecution Policy of the Honourable Brendan O’Connor and his predecessor, Commonwealth. The Prosecution Policy provides The Honourable Bob Debus, for their support of the guidelines for the making of decisions regarding the Office this year. prosecution process and serves two main purposes, namely to promote consistency in decision At our Anniversary I also paid tribute to each of making, and to inform the public of the principles my predecessor Directors of Public Prosecutions upon which the CDPP performs its statutory and would like to do so again as I present this functions. This revised Prosecution Policy is a further Report. Each has contributed much in establishing, refinement of these fundamental principles that building, maintaining and operating the Office have been in place since 1986. as a truly national prosecuting entity across the Commonwealth, in every State and Territory, and The test in relation to the decision to commence in courts at every jurisdictional level. In all these or continue a prosecution remains the same and respects singular contributions have been made is contained in the Prosecution Policies of all the by each Director, from the first, Ian Temby QC, the Australian States and Territories. The revised Honourable Justice Mark Weinberg, His Honour Prosecution Policy however includes new areas such Chief Judge Michael Rozenes, the Honourable Chief as recognising that it is important in all prosecution Justice Brian Martin, and the CDPP’s longest serving action that victims are treated with respect for their Director, Damian Bugg AM QC. dignity, the mental health of alleged offenders, and prosecution disclosure. The laws of the Commonwealth, and accordingly the prosecution and proceeds of crime practices of This year the CDPP has issued its Victims of Crime my Office, have significantly expanded in the last Policy, focussing on the importance of all CDPP commonwealth director of public prosecutions ix staff treating victims with courtesy, dignity and were honoured by Former Commissioner Keelty respect. This development recognises the changing with the Commissioner’s Group Citation for nature of the CDPP’s legal practice as an increasing Conspicuous Conduct for displaying outstanding number of offences involving individual victims are service, commitment to duty, dedication and conducted by the Office. The CDPPVictims of Crime professionalism during Operation Pendennis, Policy is at Appendix 4 to this report. which resulted in the conviction of seven persons in Victoria for terrorism related offences this year.
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