Search by

Latest News

The 2021-22 CDPP Annual Report was tabled in Parliament on Friday 28 October 20

The CDPP recently received an overall satisfaction score of 86 per cent from its biennial 2022 Partner Agency Survey.

The CDPP's 2022-26 Corporate Plan is now available.

The Attorney-General of New South Wales today announced the appointment of Ms Sarah McNaughton SC as a judge of the Supreme Court of NSW. 

The CDPP’s Library and Research Services team has won the 2022 Legal Information Service of the Year award announced at the Australian Law Librarians’ Association (ALLA) conference in Hobart on Thursday 26 August.

On 7 July 2022 the Commonwealth Attorney-General, the Honourable Mark Dreyfus QC MP, announced he had declined to proceed further in the prosecution of Mr Bernard Collaery for five offences relating to the alleged unlawful communication of ASIS information contrary to the Intelligence Services

On 11 February 2022, the Commonwealth Director of Public Prosecutions Ms Sarah McNaughton SC announced her decision to decline to proceed further in the criminal prosecutions of Citigroup Global Markets Australia Pty Limited, Deutsche Bank AG and four senior banking executives for cartel offences

The CDPP 2020-21 Annual Report was tabled in Parliament on Wednesday 20 October 2021. 

The Commonwealth Director of Public Prosecutions, Sarah McNaughton SC, has been extended in the role for a further two years.

The CDPP has launched a new Partner Agency Portal, giving investigators from partner agencies easy and timely access to information.
The last 12 months has tested businesses, including the CDPP, to become more agile to effectively deliver services throughout the COVID-19 pandemic.

The Office of the Commonwealth Director of Public Prosecutions (CDPP) is an independent prosecution service established by Parliament under the Director of Public Prosecutions Act 1983 (Cth) to prosecute alleged offences against Commonwealth law.

The Office of the Commonwealth Director of Public Prosecutions is warning members of the community to beware of scammers claiming to be from the CDPP.
The CDPP’s Partner Agencies will soon have access to a refreshed, scalable and dynamic, secure website to support their investigative work.

This is a joint media release between the Australian Federal Police and the Commonwealth Director of Public Prosecutions

A 24-year-old Sydney man has been jailed for nine years and four months after he posed as a teen to exploit and extort explicit images from children online.

Note: This is a joint media release between the Australian Federal Police and the Commonwealth Director of Public Prosecutions

A serial paedophile who abused children in Australia and Southeast Asia has today been sentenced to 35 years imprisonment, with a non-parole period of 28 years.

On 7 November 2019, Richard Ham (21) and Soo Lee (24) were sentenced in the District Court of New South Wales after pleading guilty to attempting to possess a commercial quantity of methylenedioxymethamphetamine (MDMA), more commonly known as ‘ecstasy’.

Today, Perth woman Alesha Stopforth (30) was sentenced in the District Court of Western Australia to 3 years imprisonment, to be released after serving 16 months upon entering into a Recognisance Order in the amount of $10,000 and to be of good behaviour for a period of 20 months, after pleading

Suzanne Akkari (25) was today sentenced to 18 months imprisonment to be released forthwith on a recognisance of $500 and to be of good behaviour for 18 months, after pleading guilty to a charge of aiding, abetting, counselling or procuring another in the arrangement of a marriage to obtain perman

Today*, Savas Avan (49) was sentenced in the County Court of Victoria to 3 years imprisonment, after pleading guilty to mailing packages containing asbestos to consulates and embassies in Melbourne and Canberra.

Today, Luke Borg (36) was sentenced in the County Court of Victoria after pleading guilty to a number of child sex offences.

A man from Sydney was today sentenced to a total term of imprisonment of 34 years, with a non-parole period of 29 years, for preparing and planning a terrorist attack, threatening to kill the NSW Commissioner of Corrective Services and for an attack on an inmate in custody.

Three Victorian men were today sentenced in the Supreme Court of Victoria for the offence of engaging in a terrorist act.  A jury had earlier found the men guilty of this crime by setting fire to a Shia mosque in suburban Melbourne, causing $1.5 million in damage.

The Victorian County Court has today sentenced Mohamed Osman Omar (36), to four years imprisonment, after he pleaded guilty to defrauding the National Disability Insurance Scheme (NDIS) of more than $370,000, and attempting to obtain a further amount of more than $85,000.

Insider trader sentenced in the NSW District Court

Year
2020-2021
Location
New South Wales

Date of Judgment: 11 September 2020
Court: District Court of NSW (M King DCJ)
Partner Agency: Australian Securities and Investments Commission (ASIC)

 

Summary of charges: On 25 February 2020, Michael Ming Jinn Ho pleaded guilty to six charges of prohibited conduct engaged in by a person in possession of inside information contrary to s1311(1) with ss1043A(1) and (2) of the Corporations Act 2001 (Cth) (the Corporations Act).

 

Synopsis: Between 18 July 2016 and 10 February 2018, Michael Ming Jinn Ho traded in the shares and options of Big Un Limited (Big Un) while in possession of inside information and on 14 October 2016 he communicated inside information to an associate.

During the offending period, Michael Ho used three different brokers and seven different trading accounts to acquire securities and procure the acquisition of securities, with a total investment of approximately $1.6 million.

The investigation of Michael Ho’s conduct commenced on 12 March 2018, after he voluntarily reported his involvement in insider trading to ASIC.

The matter was subsequently referred to the CDPP for assessment of a pre-brief plea proposal which involved consideration of a detailed draft Statement of Facts, related documentation and the appropriate charges.

 

Sentencing: On 11 September 2020, Michael was formally convicted of each offence and sentenced to an aggregate term of three years’ imprisonment, to be served by way of an intensive correction order. In addition to the standard conditions, his Honour imposed a community service work condition of 250 hours.

This sentence was imposed after his Honour decided it was appropriate that Michael Ho should receive a 50 per cent discount of his sentence comprised as follows: 25 per cent for his plea of guilty (reflective of the utilitarian benefit of the plea and his facilitation of the course of justice); 12.5 per cent for his past assistance (reflective of his assistance to the authorities to date and his entitlement to the ‘Ellis discount’); and 12.5 per cent for his undertaking to provide future assistance.

His Honour indicated that, but for the aggregate sentence, the separate sentences he would have imposed in respect of each offence (after taking into account the discount outlined above) are as follows:

  • Charge 1 – 12 months’ imprisonment.
  • Charge 2 – 6 months’ imprisonment.
  • Charge 3 – 12 months’ imprisonment.
  • Charge 4 – 6 months’ imprisonment.
  • Charge 5 – 10 months’ imprisonment.
  • Charge 6 – 18 months’ imprisonment.

 

Notable Remarks: During the sentence judgment, his Honour M King DCJ made remarks on sentence to the following effect:

  • The objective seriousness of the offending – Insider Trading and ‘Tipping’ offences are serious offences as they undermine confidence in the financial markets. The conduct has been characterised as cheating or fraud and accordingly general deterrence is always important in relation to this type of offending. Offending of this nature is difficult to detect and requires a high degree of skill on the part of the authorities to both detect it and obtain evidence of the nature required for a prosecution… It is clear that the legislature takes a dim view of this type of offending which can be inferred from the increase in the penalties from five to 10 years’ imprisonment… It is never possible to determine the extent to which an offender damages the share market, but conduct of this nature undermines confidence in the share market and must have an adverse effect.
  • The offender’s conduct – The offences were not particularly sophisticated and were opportunistic, the offender having taken advantage of information when it became available from time to time. There was no breach of his relationship with his employer. His Honour noted that the offender had decided to invest in the company prior to his offending, which contributed to his ongoing interest in it. The offender’s conduct involved significant buying and selling of shares and options, although at the end of the day he and his family were left holding an empty bag of valueless securities.
  • The offender’s prospects of rehabilitation – The offender has very high prospects of rehabilitation. The voluntary disclosure of his offending and his offer of assistance indicated that he had already started to rehabilitate himself.
  • The offender’s assistance to authorities – After reviewing the evidence of the offender’s assistance, his Honour was of the view that in the absence of the offender having come forward, it was unlikely that ASIC would have ever discovered his offending. Although his trading activities would have been known, it is highly unlikely that ASIC would have been in a position to prosecute him. Accordingly, the offender was entitled to what is known as the ‘Ellis Discount’. The assistance the offender provided could not have been more complete and his undertaking to assist in the future is of high value. Offending of this nature is frequently not capable of discovery and those involved are usually not interested in disclosing their involvement in it.

 

Relevant links: See the ASIC media release on ASIC’s website.