Sentencing of Federal Offenders in Australia - A Guide for Practitioners - Edition 7.2

The seventh edition of this comprehensive sentencing Guide reflects the law as at 14 June 2024, and has been updated by Des Lane of the Victorian bar, with valuable assistance from Grace Devereaux of the Queensland bar and lawyers of the Office of the Director of Public Prosecutions (Cth) (CDPP).

The High Court allows the CDPP’s appeal in a case involving a conspiracy to import a commercial quantity of border controlled drugs: the decision in Kola

Location
2024

Partner Agency: South Australia Police

On 17 April 2024, the High Court handed down judgment in the matter of Director of Public Prosecutions (Cth) v Kola [2024] HCA 14. In doing so, the Court unanimously allowed the CDPP’s appeal. The case concerned elements and directions that are permissible in conspiracy cases, and also the operation of the co-conspirators’ rule.  

Enhancing the CDPP’s legal practice

The Director of Public Prosecutions (Cth) Raelene Sharp KC confirmed that on 1 June 2024, Warren Day will join the CDPP on secondment for 6 months, as the Director’s Executive Officer. 

Mr Day will assist the Director to design and implement a program of work to review the practicing model, and other areas of the CDPP, with a view to enhancing and modernising the CDPP’s legal practice.

CDPP successfully prosecutes fraudulent claims for Queensland disaster relief payments

Location
2024

On 21 December 2023 in the Brisbane District Court, Mr Nghath pleaded guilty to all five charges of defrauding the Commonwealth of $94,777.82 by fraudulently claiming disaster recovery payments and was sentenced of 4 years’ imprisonment, with a non-parole period of 21 months. The court also made a reparation order for the outstanding debt of $93,641.10.

High Court hands down decision on mandatory minimum sentencing provisions for Commonwealth child sexual abuse offences

Location
2024

On 13 March 2024, the High Court handed down judgment in the matters of Hurt v R; Delzotto v R [2024] HCA 8. In doing so, the Court unanimously dismissed both Mr Hurt’s and Mr Delzotto’s appeals and confirmed the CDPP’s approach to the mandatory minimum sentencing provisions in ss 16AAA, 16AAB and 16AAC of the Crimes Act 1914 (Cth).