My approach to financial crime
Financial crime includes fraud, breach of directors duties, money laundering and criminal cartels.
The common features of complex crime may include:
- complex concepts of criminality,
- unique provisions for proof,
- complex definitions,
- lack of case law on the interpretation and scope of the offence provisions.
Before advising a client, whether prosecution or a defendant, on any complex criminal charge, I will undertake a careful and detailed analysis of:
- the legislation (including legislation relevant to proof),
- its constitutional foundation,
- any basis in international treaty,
- traditional extrinsic materials (explanatory memoranda, law reform commission reports etc),
- any case law.
As in any criminal matter, thorough consideration must be given to the availability, admissibility and reliability of the evidence.
Recognition of my approach
The validity of my approach has been borne out by the results I have achieved for my clients. Notably, a successful no-case submission against the Crown in a complex money laundering matter.
I was recognised by my peers and included on the Doyles' List for Criminal Law Barristers. In 2017 I was ranked 'recommended' and in 2018 I was recognised as a leading Criminal Law Barrister.
White Collar Crime
I do not limit this practice area to ‘white collar’ crime; indeed it is a term that I consider generally unhelpful.
The problem with the classification is that it focuses on the characteristics of the accused, or the kind of accused who are perceived as most likely to commit the crime.
Money laundering prosecutions can raise complex issues, including of statutory interpretation.
The prosecution or defence of an otherwise legally and factually straightforward offence can also be complicated by unusual procedures.Learn More
Crime blog posts
I explain the reasons why it may be appropriate to consider using a secure, encrypted service for communications between lawyer and client. I consider various apps including Wickr, BlackBerry BBM, Signal, WhatsApp across multiple platforms.Read More
Privilege against self-incrimination as it affects a company and its directors: comments on an interesting judgment of the Supreme Court of WA: WA v GalatiRead More
Federal offenders are almost exclusively dealt with in State courts. In some matters courts have compared criminality in federal offending and state offending. As a result of this there has been some divergence in the range of sentences across the states and territories. The High Court in The Queen v Pham  HCA 39 held offenders should be sentenced in accordance with the range of sentences across all states and territories.
The High Court also affirmed the proposition that quantity of drugs is not the sole determiner of the appropriate sentence.Read More