Commonwealth offences and crimes are those that are regulated by national legislation. As opposed to state offences, Commonwealth offences can be committed in any state, or across multiple states or overseas.
The Commonwealth Criminal Code regulates criminal liability and other rules that apply to these cases. They can be heard in the Magistrates Court or Supreme Court depending on the nature of the allegation. If heard in the Supreme Court, allegations are often complex, involving sophisticated offending across jurisdictions.
Commonwealth offences are prosecuted by the Commonwealth Director of Public Prosecutions. Commonwealth cases are heard in Tasmanian courts including the Magistrates and Supreme Courts, however, they use different legislation to determine criminal responsibility and in determining sentences for people who are found guilty. For that reason, it is important to instruct a lawyer who is familiar with Commonwealth cases.
It is impossible to give a general guide for Commonwealth offence penalties because so many offences fall under this category. However, many of the crimes in this category are extremely serious, particularly those that have to be heard in the Supreme Court – long terms of imprisonment are common particularly in cases like drug importation.
I can provide you with advice about your charge and the potential defences that might apply in your situation. I can appear for you at each court appearance including at the hearing or trial of the case if you plead not guilty. Because I am both a barrister and solicitor, I can handle the case for you from start to finish. If you would like to discuss a Commonwealth case with me please get in touch to discuss it and my costs. My first appointment is free of charge.
Yes. Commonwealth offences typically involve a real risk of imprisonment if found guilty of the offence. For this reason, is it normally possible to get a grant of legal aid if you are otherwise eligible. Please contact me if you would like to discuss a case or to see if you are eligible for legal aid funding.
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