After both teaching and practising in Criminal Law, #UNELaw’s Troy Anderson realised there was a key area of crime which wasn’t covered at any law school in Australia: Commonwealth criminal law. Troy, in conjunction with #UNELaw, filled this gap in 2020 with the biannual elective unit- Commonwealth Criminal Law. 

The Commonwealth Government has laws which govern discrete areas in the criminal sphere. Think criminal activities which cross international boundaries, such as terrorism, child exploitation and drug importation as well as domestic offences including fraud involving the Commonwealth and Corporations Act offences.

Troy is the ideal person to teach Commonwealth Criminal Law – he actually wrote the book on it!!! Having prosecuted on behalf of the Commonwealth of many years, Troy is now the Deputy Senior Public Defender for NSW, specialising in Crime. He was recently appointed as a Senior Counsel (SC) in 2021.  Troy will also be joined by Jon Emmett in teaching LAW316. Jon is a Senior Prosecutor with the Commonwealth Director of Public Prosecutions.

Jon Emmett

Troy notes ‘interestingly, there are over 3500 prosecutions every year relating to Commonwealth Criminal Law. People accused of Commonwealth crime are prosecuted by the Commonwealth Director of Public Prosecutions (DPP), using Commonwealth offences provisions, but the Commonwealth uses the laws of the evidence and the practice and procedure laws of the particular jurisdiction the trial is running in – it’s quite unusual.  Often the offences are more complicated than traditional state based criminal cases because of the circumstantial nature of most evidence and the unusual wording of the Commonwealth’s Criminal Code. Basically, if you understand this area, you will able to successfully navigate all aspects of Criminal Law practice. As it crosses jurisdictions, Commonwealth Criminal Law is relevant to everyone in Australia- whether you are from Bundaberg, Broome or Ballarat!!’

Troy says the course is a must for any student currently employed by a Commonwealth entity, particularly the Australian Federal Police or Border Force.

To find out more about this unit, check out #UNELaw’s unit link.