Man Haron Monis, at the centre of the deadly Lindt Cafe siege in Sydney, had previously challenged validity of a provision of the Criminal Code claiming it infringed the implied freedom of political communication.Read More
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
The High Court has in a 6:1 decision, Tajjour & Ors v The State of New South Wales, upheld the validity of consorting laws found in section 93X of the Crimes Act 1900 (NSW). Mr Tajjour unsuccessfully argued that s 93X was invalid on the ground that it infringes the implied freedom of political communication.Read More