Case: Jail avoided in ANOM encrypted phone case.
Our client was arrested as part of the ANOM case where an encrypted phone was developed by the FBI in association with the Australian Federal Police (AFP) and distributed by the AFP. No phone was found in our client’s possession, however the AFP intercepted communications that were said to have been attributed to our client showing that he had trafficked firearms.
Charges/ Ch1 (Trafficking firearms); Ch2 (Possess firearm); Ch3 (Commit indictable offence on bail)
Result/ Ch2, 3 withdrawn; Ch1 12 month Community Corrections Order with 70 hours unpaid community work, with conviction.
Our lawyers cross-examined the AFP during Committal and were critical that the AFP and FBI were complicit by their actions in assisting users of the ANOM phone in committing crimes and entrapping them. Further, the lawfulness of intercepting messages by the AFP was called into question and is likely to take years for a decision from the High Court.
Our client had spent a lengthy time on remand prior to being granted bail and was on strict bail conditions. He sought a plea resolution to finalise the matter and move on with his life. We negotiated concessions with the prosecution and reduction of charges. Prosecution sought further jail time. Our barrister argued that a Community Corrections Order is in range on the basis of the time our client spent in custody, years of onerous bail conditions which were fully complied with, rehabilitation, as well as giving up valid defences. The magistrate was persuaded not to jail our client and impose a CCO with unpaid community work.