118:(1954) 110 CCC 263 at 270; âIt cannot be over-emphasised that the purpose of a criminal prosecution is not to obtain a conviction; it is to lay before a jury what the Crown considers to be credible evidence relevant to what is alleged to be a crime. Counsel have a duty to see that all available legal proof of the facts is presented: it should be done firmly and pressed to its legitimate strength, but it must also be done fairly.â
150:
study, appointments are made pursuant to the 'Crown
Prosecutors Act 1986 (NSW). They firstly must be a qualified Australian legal practitioner. Secondly, crown prosecutors must also be members of the private bar, in NSW known as the New South Wales Bar Association. To be appointed at the bar as a barrister, one must receive the required standard of 75% in the NSW Bar Examination along with other administrative components. Once a member of the private bar, barristers can be appointed by the Governor to serve as Crown Prosecutors. The main condition of their appointment is viewed below:
129:, by the ODPP, to appear on behalf of the Crown and perform prosecutorial and other ancillary functions. Further, the ODPP and by extension crown prosecutors do not investigate crimes. The respective police force in each state or territory is responsible for the investigative aspect of an alleged criminal offence. The prosecutor's role is to firstly, determine whether the evidence is strong enough and/or admissible in a court proceedings. And secondly, to then use that brief of evidence and act for the Crown in presenting that evidence to the jury to deliberate and make a decision.
229:. Nevertheless, during the appeal of Gordon Wood's murder conviction, the appeal judges issued scathing commentary on the conduct of Tedeschi during the trial as they threw out Mr. Wood's murder conviction. The judges accused Tedeschi of failing his core obligation as a prosecutor, which is to portray the case fairly to the jury. They alleged Mr. Tedeschi tried to artificially inflate the strength of the Crown case by employing fiction, inadmissible reasoning and ambiguity that suggested Wood had been in a relationship with the deceased to delineate and convince the jury
529:
415:
515:
174:
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prosecution; however ultimately withdrew the charges. Tedeschi's handling of the case came under scrutiny by a judicial inquiry with
Justice Nader noting, â frightening that didnât even concede the possibility that Kenny was innocentâ. The inquiry found no evidence that suggested Tedeschi had acted improperly.
114:
independent, they will always seek to provide the jury with all relevant and credible evidence that they have been presented with for an alleged crime, without the intention of achieving victory or loss. This notion of not solely seeking to obtain a conviction was conveyed by the
Canadian Supreme Court in
206:, given the significance of this decision on future investigations. On 15 April 2015, via a 4:1 majority the High Court held in favor of the respondent (Cunneen), that the conduct was not corrupt within the meaning of the âICAC Actâ. Subsequently, amendments were made to the ICAC Act, resulting in the
153:
Section 4(2A) â 'A Crown
Prosecutor is to be appointed by the Governor for a term of 7 years or for such shorter term as may be necessary to ensure that the person's term of office extends to (but not beyond) the date on which the person reaches the age of 72 years. A Crown Prosecutor is eligible (if
160:
Another role that exists within this, is that of a Senior Crown
Prosecutor. This follows a similar process of appointment to that of the Crown Prosecutors, outlined in section 4A. Senior Crown Prosecutors have the same roles and responsibilities; however, they represent the Crown in the most serious
246:
against
Tedeschi. In addition, former NSW Drug Squad undercover detective Paul Kenny states he was a victim of Tedeschi's prosecutorial tactics. Kenny was charged by internal affairs police with conspiring to pervert the course of justice and demanding bribes from a heroin dealer. Tedeschi led the
185:
had advised her eldest son's girlfriend to fake chest pains to avoid a roadside breath test at the scene of a car crash. and also whether she lied about aspects of the accident to the insurance agency and DPP. Cunneen sought an injunction against ICAC in the NSW Supreme Court on two grounds: (1) a
149:
This section will focus on the appointment and eligibility requirements to become or be eligible to be appointed as a crown prosecutor. Each state has different legislation that is responsible for the appointment process. All prosecutors generally have the same requirements. Using NSW as a case
101:
are attached to the ministry and parliament. Thus to ensure integrity and fairness in the judicial process, it was deemed prudent to develop an independent body to deal with, what can be, often controversial and politically damaging decisions. Lastly, prosecutors' main functions are statutorily
132:
A growing conflict with prosecutorial duties is becoming the duty of disclosure. As aforementioned, a major component of the prosecutorial function is the exercise of procedural fairness and absolute adherence to judicial principles and prosecutorial guidelines. Duties of disclosures relate to
169:
There have been recent instances where Crown and Senior Crown
Prosecutors have found themselves under the microscope of investigations and been charged or publicly reprimanded. Particularly, Margaret Cunneen being summoned before ICAC and Mark Tedeschi's numerous misconduct allegations and
113:
Crown prosecutors are independent and perform a unique function. Their role is to represent the community or 'the Crown' in criminal trials, and seek to assist the court and steer the jury toward the truth as well as providing justice to the victim and the wider community. As their role is
233:
could not have committed suicide. Other instances of complaints have also come from former Ananda Marga member, Tim
Anderson who sought action against Mark Tedeschi after a 1991 Appeal Court dismissed Anderson's conviction for the murder of three people in the
404:. This pertained to the âoverlap of professional stress and personal relationships, the overt melodrama, the comic diversions.â Crownies was nominated for an Equity Award for Most Outstanding Performance by an Ensemble in a Drama Series in March 2012.
186:
declaration ICAC was exceeding its jurisdictional scope; and (2) a declaration that the ICAC's decision to hold a public inquiry was invalid. Cunneen appealed the initial decision of the
Supreme Court, which went in ICAC's favor, to the
133:
instances whereby the police and/or prosecutors do not disclose all available information to the opposing counsel in an attempt to disguise the true appearance of the facts. Recent
Australian cases where this has been an issue include
481:). The show was well-received with Ben Pobjie commenting that it was a âhigh-class actâ that managed to overcome the âinherent staleness of legal dramaâ. The show received accolades and nominations with Marta Dusseldorp winning the
216:
AM QC is another high-profile Senior Crown Prosecutor who has faced accusations and allegations for misconduct and malicious prosecution. Tedeschi was a regarded Crown Prosecutor, securing convictions in high-profile trials of
263:, an independent prosecutorial body exists that is responsible for the prosecution of crimes against the Commonwealth as well as the provision of advice to agencies. This prosecution agency is called the Office of the
97:
in the 19th Century. Their role was created to further the separation of powers and remove prosecutorial decisions from the legislature and any political influence. This was partly driven by the fact
437:. The show was 'spun-off' due to modest reviews in the original Crownies 22-part season and wanting to focus on certain positive aspects of the original show. The show was starred by
400:. The character of Janet King was later spun-off into its own show. In critical analysis, a Craig Mathieson article in the Sydney Morning Herald drew correlations to the US hit show,
657:
202:(NSW) (âICAC Actâ). In addition, the Court also ruled that ICAC's decision to hold such a public inquiry was unreasonable. ICAC appealed the Supreme Court's decision to the
482:
998:
161:
and complex matters. Their remuneration and tenure is fixed, yet the remuneration is slightly higher to reflect the added seniority and complexity of the job.
348:
Crownies depicts the life of five recently graduated solicitors as they navigate the fast-paced and morally challenging workplace that is the Office of the
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580:
349:
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90:
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108:
International Association of Prosecutorâs Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors
914:
278:(the DPP Act), the service seeks to prosecute alleged offences against Commonwealth Law. This originally pertained to acts committed under the
1329:
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who played Janet King in the original show, and featured many of her other supporting actors including; Hamish Michael (Richard Sterling),
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along with revenue and benefits fraud. Previous Commonwealth Directors of the CDPP and established senior crown prosecutors include
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is the main prosecutorial body responsible for representing the Crown in criminal trials. Crown prosecutors are barristers who are
81:, will have extensive experience as defence counsel as well as prosecuting counsel, across a full spectrum of legal disciplines.
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286:. In more recent times, Commonwealth crown prosecutors have overseen and covered areas such as commercial and
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718:
Corporate=, ACT Director of Public Prosecutions; PositionTitle=Web Manager; SectionName= (1 August 2019).
1303:
814:
235:
352:, whilst working alongside crown prosecutors. There was twenty two episodes run which were broadcast on
73:, so Crown prosecutors deal with both state and federal offences. The typical Crown prosecutor, often a
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Whilst the majority of crown prosecutors belong to one of the independent state agencies, such as the
758:
Préfontaine, Q.C, Daniel (9 December 1998). "The Rule of Law and the Independence of the Judiciary".
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47:
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Marta Dusseldorp, lead actress who played Janet King in Crownies and the subsequent spin-off series
69:
Both the Commonwealth of Australia and the states and territories can make criminal laws under the
230:
203:
181:
In October 2014, ICAC established âOperation Haleâ to investigate allegations that in May 2014,
422:
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915:"Independence and Accountability of the Director of Public Prosecutions: A Comparative Survey"
878:
54:
or Territory in criminal proceedings. Crown prosecutors are appointed not elected and are not
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8:
457:(Tatum Novak). The show was split into three seasons, focusing on her involvement in the
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32:
20:
863:"Is the 'Golden Rule' of Full Prosecution Disclosure a Modern 'Mission Impossible'?"
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198:, that the impugned conduct was not corrupt conduct as stipulated in s 8(2) of the
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999:"Report on Icac: pursuit of Margaret Cunneen was 'unreasonable and unjust'"
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shows have been made that depict the role of crown prosecutors. These are
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106:(NSW). From a procedural perspective, the ODPP has also absorbed the
43:
28:
1120:"ICAC 'acted illegally' in Margaret Cunneen inquiry, Inspector says"
1026:"ICAC 'acted illegally' in Margaret Cunneen inquiry, Inspector says"
528:
1204:
1069:"ICAC's Operation 'Hale': A Low Point in the History of the Agency"
575:
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328:
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on the 27th February 2014 as a spin-off from the 2011 legal drama
157:
At the moment, there are currently 124 crown prosecutors in NSW.
1229:
Prosecutions, Commonwealth Director of Public (11 August 2015).
1203:
Prosecutions, Commonwealth Director of Public (5 August 2015).
789:"International Association of Prosecutors â IAP Standards: IAP"
548:
173:
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in the same awards. Marta was also subsequently nominated for
260:
760:
World Conference on the Universal Declaration of Human Rights
208:
Independent Commission Against Corruption Amendment Act 2015
646:. Office of the Director of Public Prosecutions. p. 3.
474:
428:
353:
290:, human exploitation and border protection, illegal trade,
243:
453:(Tony Gillies), Christopher Morris (Andy Campbell) and
861:
Plater, David; de Vreeze, Lucy A. (22 November 2012).
267:
Director of Public Prosecutions or, colloquially, the
641:"Statement of Prosecution Policy and Guidelines 2018"
1152:, Australian Broadcasting Corporation, 12 March 2012
510:
1106:
Cunneen v Independent Commission Against Corruption
1050:
Cunneen v Independent Commission Against Corruption
819:The Journal of the New South Wales Bar Association
200:Independent Commission Against Corruption Act 1988
194:, a 2:1 majority of the NSW Court of Appeal held,
581:Director of Public Prosecutions (New South Wales)
1352:
757:
1066:
860:
1304:"ABC considers Crownies spin-off | TV Tonight"
1005:. Australian Associated Press. 4 December 2015
489:. The show Janet King was also nominated for
477:investigation into organised crime in sport (
84:
1228:
1202:
743:: CS1 maint: multiple names: authors list (
270:Commonwealth Director of Public Prosecutions
586:Director of Public Prosecutions (Australia)
473:), and culminating with her lead role in a
250:
717:
688:"Silbert appointed chief Crown prosecutor"
662:Department of Justice and Attorney-General
591:Director of Public Prosecutions (Victoria)
1276:
1178:"Wood appeal puts prosecutor on the spot"
1149:High profile prosecutor faces accusations
1117:
1023:
974:"Senior Crown Prosecutor Role â NSW ODPP"
242:have laid almost fifty complaints to the
225:and the infamous case of the baby killer
154:otherwise qualified) for reappointment.'
776:Director of Public Prosecutions Act 1986
413:
276:Director of Public Prosecutions Act 1983
172:
1118:Whitbourn, Michaela (4 December 2015).
1067:Dobinson, Ian; Houston, Leanne (2017).
1024:Whitbourn, Michaela (4 December 2015).
971:
812:
483:Best Lead Actress in a Television Drama
110:, into their practices and guidelines.
104:Director of Public Prosecutors Act 1986
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972:Association, The New South Wales Bar.
274:. Established by parliament under the
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1330:"The Mora the murkier for Janet King"
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332:and its subsequent spin-off series
13:
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1137:
1073:Current Issues in Criminal Justice
1055:
950:
933:"How to Become a Barrister in NSW"
815:"Practising as a Crown Prosecutor"
14:
1377:
1366:Prosecution services of Australia
813:Cunneen, Margaret (Winter 2011).
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459:Department of Public Prosecutions
1257:Crownies (TV Series 2011) â IMDb
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64:Director of Public Prosecutions
1085:10.1080/10345329.2017.12036085
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633:
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310:QC and the current director â
1:
1328:Pobjie, Ben (26 March 2014).
596:
407:
658:"The role of the prosecutor"
491:Best Television Drama Series
469:into Serious Firearm Crime (
137:(2003) 143 A Crim R 154 and
42:Crown prosecutors represent
7:
504:
465:), her leading role in the
341:
93:(DPP) was derived from the
10:
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960:Crown Prosecutors Act 1986
837:"Crown Prosecutors | ODPP"
619:Federal Court of Australia
368:. The main cast included:
284:Commonwealth Criminal Code
85:History, role and function
35:, they are referred to as
1334:The Sydney Morning Herald
1283:The Sydney Morning Herald
1124:The Sydney Morning Herald
1030:The Sydney Morning Herald
693:The Sydney Morning Herald
611:"Glossary of Legal Terms"
554:Crown Prosecution Service
475:National Crime Commission
322:Two prominent Australian
221:, the political assassin
71:Constitution of Australia
495:Most Outstanding Actress
251:Commonwealth prosecutors
793:www.iap-association.org
913:Johns, Rowena (2001).
894:Cite journal requires
445:(Erin OâShaughnessy),
419:
178:
66:for particular cases.
666:Queensland Government
417:
177:Mark Tedeschi, AM, QC
176:
50:and in right of each
871:10.2139/ssrn.2358308
825:– via Austlii.
236:Hilton Hotel Bombing
210:(NSW) (âICAC Actâ).
1279:"A damning verdict"
841:www.odpp.nsw.gov.au
427:was first aired on
304:Christopher Craigie
188:NSW Court of Appeal
145:Appointment process
116:Boucher v The Queen
58:; they are private
724:www.dpp.act.gov.au
563:District attorneys
447:Andrea Demetriades
420:
179:
89:The Office of the
21:public prosecutors
1361:Legal professions
1308:tvtonight.com.au/
978:www.nswbar.asn.au
865:. Rochester, NY.
621:. 28 October 2012
572:Procurator fiscal
558:England and Wales
296:counter terrorism
102:derived from the
99:Attorneys-General
37:State prosecutors
33:Western Australia
17:Crown prosecutors
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443:Ella Scott Lynch
439:Marta Dusseldorp
386:Marta Dusseldorp
382:Richard Sterling
364:and produced by
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288:financial crimes
183:Margaret Cunneen
121:To clarify, the
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1184:. 12 March 2012
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696:. 4 March 2008
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668:. 27 June 2012
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192:Cunneen v ICAC
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214:Mark Tedeschi
211:
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1181:
1154:, retrieved
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