Attorney-General (Cth) v Benjamin Roberts-Smith
Last updated: 23 April 2026
On 7 April 2026, the Australian Federal Police (AFP) and the Office of the Special Investigator (OSI) arrested Benjamin Roberts-Smith (the defendant) and charged him with five offences of the war crime of murder contrary to s 268.70(1) of the Criminal Code (Cth).
It is alleged that while deployed to Afghanistan as a member of the Australian Defence Force, the defendant intentionally caused the deaths of five Afghan nationals who were not taking an active part in the hostilities, between 2009 and 2012.
The prosecution is brought in the name of the Attorney-General, pursuant to s 268.121(2) of the Criminal Code (Cth).
The CDPP recognises the high level of public interest in the prosecution and will provide regular updates.
Charges
On 7 April 2026, the AFP and OSI charged the defendant with the following offences:
| Offence provision | Offence Date | Description of offence | Maximum penalty |
| Criminal Code (Cth), s 268.70(1) | 12 April 2009 | War crime – murder | Life imprisonment |
| Criminal Code (Cth), s 268.70(1) by operation of s 11.2(1) | 12 April 2009 | Aid, abet, counsel or procure war crime – murder | Life imprisonment |
| Criminal Code (Cth), s 268.70(1) by operation of s 11.2(1) | 11 September 2012 | Aid, abet, counsel or procure war crime – murder | Life imprisonment |
| Criminal Code (Cth), s 268.70(1) by operation of s 11.2A(1) | 20 October 2012 | Jointly commit war crime – murder | Life imprisonment |
| Criminal Code (Cth), s 268.70(1) by operation of s 11.2(1) | 20 October 2012 | Aid, abet, counsel or procure war crime – murder | Life imprisonment |
Current status
On 17 April 2026 the matter was listed for a bail application at Downing Centre Local Court. On that date, bail was granted by Local Court Judge Grogin. The defendant applied for and was granted an interim non-publication order in relation to certain information in the proceeding.
On 23 April 2026 the matter was listed for final hearing on the non-publication order application, which was granted. The defendant applied to vary his bail conditions and the application was granted.
The matter is listed on 2 June 2026 at the Downing Centre Local Court for committal mention.
The brief of evidence is due to be served by 24 May 2026.
For details of past court appearances please see previous court updates.
Role of the CDPP
The CDPP is an independent prosecution service established by Commonwealth Parliament to prosecute alleged offences against Commonwealth law.
Further information about the CDPP and the prosecution process can be accessed on our website.
Victims and Witnesses
The CDPP’s Prosecution Policy and Victims of Crime Policy set out our obligations towards victims of crime. The CDPP’s Witness Assistance Service provides general information and support to witnesses and victims of crime.
The CDPP’s Victims and Witnesses website provides further information including the support services available to witnesses and victims of crime.
Should you or anyone you know need health and wellbeing support, details for a range of services are available on the OSI website and Department of Veterans Affairs website.