With practitioners with previous experience at the Commonwealth Director of Public Prosecutions (Australia’s federal prosecution service), our office is versed in all manner of federal offences, including drug and contraband importation, human trafficking or smuggling, and child exploitation material offences. See below for a brief summary of some of the most commonly charged federal offences and contact our office for more detailed and personalised advice.
Child exploitation material (CEM), or child pornography, is criminalised and prosecuted most commonly at the Federal level. The definition of CEM is broad, extending even to the written description of sexual activity involving children, which in this context is simply anyone under the age of 18.
Dealing with CEM is criminalised at all levels but carries more severe penalties for its creation and distribution. Possession is also defined broadly – simple membership in an online forum or group chat in which CEM is transmitted may be sufficient to substantiate guilt.
Police often make use of undercover and virtual operations to target CEM. As a result, charges are often not levied until there is insurmountable evidence of guilt. However, this does not derogate from the importance of seeking adept legal representation, as the range of sentences levied for CEM offences varies widely – suspended imprisonment sentences are possible depending upon the circumstances of the offending and offender. This makes mitigatory pleas and contextualisation of the offence crucial, something which our lawyers are experienced at preparing with skill and objectivity.
Corporate Crimes are covered by the Corporations Act 2001 and the Commonwealth Criminal Code. Corporate crimes are serious offences that often result in high fines and sometimes imprisonment. Our lawyers at Tehan Legal can help with a wide range of corporate crime including but not limited to;
If you have been charged with a corporate crime, please contact our office on (08) 9325 1861 to discuss your matter further.
Cybercrime is rapidly growing thanks to the easily accessible nature of computer technologies. Given the broad access to the internet there are a wide range of offences that can be committed online. Cybercrime offences can include;
Our office routinely handles large-scale drug importation matters. There are a range of Commonwealth offences for drug importation which scale in accordance with the quantity of the prohibited substance sought to be brought into the country. The classes of quantities, from least to most severe, are:
The size and scope of evidence disclosure in these matters combined with the significant penalties requires a thorough and diligent approach. Our specialised knowledge, having lawyers who have both prosecuted and investigated drug importation, provides our clients with a unique perspective and advantage resolving such matters, whether pleading or going to trial.
There are a range of human trafficking or slavery offences in the Commonwealth Criminal Code, including:
People smuggling is its own distinct offence, defined as organising or facilitating (assisting) the entry of a person who is not a citizen or permanent resident into a country in a way which does not comply with that country’s entry requirements. The offence is not limited solely to Australia.
A variety of offences apply to possessing, receiving, concealing, importing or exporting and dealing with the proceeds of crime in any form, including cash and property. These prosecutions can result in the confiscation of your property if you are unable to satisfy police that you gained the it lawfully.
National Security Offences include any conduct that could be deemed a threat to Australia’s security. Chapter 5 of the Commonwealth Criminal Code outlines offences related to the security of the commonwealth. These offences include;
Part 7.3 of the Commonwealth Criminal Code outlines fraudulent conduct. This includes offences of obtaining property by deception and obtaining a financial advantage by deception, such as committing tax fraud. These are serious offences and can result in up to 10 years imprisonment.
In addition, our office also has experience defending clients who have been charged under the following legislation;