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.

Khawaja falsifies terrorist plot

Year
2020-2021
Location
New South Wales

Date of Judgment: 5 November 2020

Court: District Court of NSW

Partner Agency: Joint Counter Terrorism Taskforce, Sydney

Summary of charges:

Mr Khawaja pleaded guilty to the following two offences:

  • attempting to pervert the course of justice in relation to Commonwealth judicial power contrary to s 43(1) of the Crimes Act 1914 (Cth); and
  • dishonestly influencing a Commonwealth public official in the exercise of the official’s duties as a Commonwealth public official contrary to s 135.1(7) Criminal Code (Cth).

In sentencing Mr Khawaja for the first offence, the Court took into account two further offences for which he admitted guilt pursuant to s 16BA Crimes Act 1914 (Cth):

  • making a false document with the intention to use it to dishonestly induce a person in the person’s capacity as a Commonwealth public official to accept it as genuine and if so accepted, to dishonestly influence the exercise of a public duty or function contrary to s 144.1(1) of the Criminal Code (Cth); and
  • doing an act intending to induce a person to be called as a witness in a federal judicial proceeding to withhold true testimony contrary to s 37(3) of the Crimes Act 1914 (Cth).

Synopsis:

On 30 August 2018, the Joint Counter Terrorism Taskforce (JCTT) was contacted after a notebook containing incriminating handwritten entries was located. The handwritten entries in the notebook indicated that the author was preparing to engage in, or assist with, a terrorist act. The notebook belonged to Mr Nizamdeen and the relevant entries in the notebook appeared to have been written by him. Mr Nizamdeen was arrested by police and charged with a terrorism-related offence.

Following the receipt of expert evidence which indicated that there was an “inconclusive result” comparing Mr Nizamdeen’s handwriting with the incriminating entries written in the notebook, Mr Nizamdeen was immediately released on bail and the charge pending against him was subsequently withdrawn.  Unfortunately, Mr Nizamdeen spent approximately four weeks in custody before his name was cleared.

Subsequent police investigations soon revealed that it was in fact Mr Khawaja who had created the incriminating entries in the notebook and who had provided false information to police intending to incriminate Mr Nizamdeen.  On 4 December 2018, Mr Khawaja was arrested by police and charged with offences relating to his conduct in creating the false notebook entries and providing false information to police. He was released on bail subject to conditions which required that he not contact, either directly or indirectly, any prosecution witness, including a witness known as ‘F1’.

On 26 December 2018, Mr Khawaja attempted to contact F1 by providing a letter, addressed to her, to her brother. He was again arrested by police and charged with a further offence arising from that conduct.

During the course of the police investigation, the JCTT discovered that Mr Khawaja had engaged in similar conduct on a previous occasion in 2017. At that time, Mr Khawaja had contacted the then Department of Immigration and Border Protection to allege that another male, known as ‘M1’, held extremist ideology, had gone overseas to undertake weapons training, was in contact with extremist groups overseas and in Australia and intended to travel overseas to fight for an extremist ideological cause. The information provided to the Department by Mr Khawaja on that occasion was also false and he knew it to be so.  Mr Khawaja was also charged with an offence relating to his provision of this information.  

Key points:

The Court found that Mr Khawaja’s attempt to pervert the course of justice offence was serious example of this crime. The provision of the false information, in the knowledge that Mr Nizamdeen was already in custody, had the actual effect of extending that custody and thus had a serious, deleterious effect on the administration of justice.

Given the seriousness of the matters contained in the notebook, the Court found that at the time Mr Khawaja created the false entries, he intended for Mr Nizamdeen to be arrested.

A key issue at the sentence hearing was Mr Khawaja’s borderline personality disorder. Evidence regarding Mr Khawaja’s mental illness was given by two forensic psychiatrists.  The Court found that Mr Khawaja’s borderline personality disorder had a significant mitigating effect on the sentence because it was causally linked to the offending, lowered the offender’s moral culpability, made the offender an inappropriate vehicle for general deterrence and meant that the sentence would weigh more heavily on him than others.  The Court accepted the opinion of one of the forensic psychiatrists that, if Mr Khawaja maintained treatment for his mental illness, he had good prospects of rehabilitation and a low risk of reoffending.

In relation to the false information provided to the Department about M1, the Court found that the serious nature of the allegations which Mr Khawaja made meant that he intended that M1 would be simultaneously under the investigation by both police and immigration authorities.

The Court described Mr Khawaja’s conduct as “unforgivable behaviour” which needed to be denounced unequivocally. The Court noted the ever-present tension in the sentencing process between punishment and rehabilitation and said that whist the sentence imposed involved a “judicial leap of faith” that Mr Khawaja would comply with his undertaking to undergo treatment as directed, the Court found that it was appropriate to take that leap.

Sentencing:

The Court imposed an aggregate sentence, after a discount of 25 per cent for Mr Khawaja’s guilty plea, of four years and six months with a non-parole period of two years and six months. The indicative head sentences were as follows:

  • For the attempt to pervert the course of justice offence: four years.
  • For the dishonestly influencing a Commonwealth public official offence: two years.

Relevant links: Court decision