PROFILE

Full Name: Daniel Porceddu
Email: danielporceddu@vicbar.com.au
Mobile:0413 130 324
Chambers: Owen Dixon Chambers East
Room: 0603
Date of Admission: 3 Apr 2000
Called to the Bar: 22 Nov 2001
Qualifications: LLB

Profile

Daniel Porceddu practises in all aspects of criminal law with particular expertise in jury trials as well as appellate work and matters involving the proceeds of crime and money laundering.

In his over fifteen years at the Bar, Daniel has appeared at both ends of the Bar table and as such has intimate knowledge of the strategy and argument, for prosecution and defence, in criminal trials (general and complex) and appeals.

His appearances in the Supreme and County Courts include matters involving complex fraud; multi-headed drug-trafficking of commercial quantities; manslaughter; serious injury, bail applications and Fitness to be Tried trials.

In addition, Daniel has appeared at Australian Crime Commission hearings and at ASIC hearings involving serious fraud by directors and senior executives. Noted for his acuity and attention to detail, Daniel is regularly briefed by the Director of Public Prosecutions to prepare Court of Appeal responses, trial openings, as well as reports on Notice to Admit, Coincidence and Tendency.

Shortly after joining the Bar, Daniel moved to Hong Kong where he took up the position of Chief Legal Officer for a multinational company and later, Director, Compliance at Ernst & Young (Hong Kong). In both capacities, Daniel was responsible for ensuring whole of organisation compliance (across multiple jurisdictions) with local and international laws both procedurally and in practice. Daniel has also served on the Disciplinary Tribunal, Certified Practicing Accounts, Australia (CPA Australia).

 

Case Highlights

County Court

Operation Seidel – ‘white collar’

Daniel led junior counsel in the successful prosecution of an elaborate fraud on two major banks between 2003 and 2008. The scheme was to offer sub-prime borrowers with loans to purchase vehicles. During that time, hundreds of false loans were submitted to the banks, which they financed in the belief they were legitimate. The proceeds of the false loans exceeded $24million. The brief of evidence spanned 20,000 pages, 200 witnesses and involved months of preparation. Ultimately, all accused pleaded guilty after being confronted with an opening address containing no less than 500 pages detailing 885 separate deceptions. One of the accused sought to appeal against his sentence, but the application was refused - Giuseppe Porcaro v The Queen [2015] VSCA 244. 

Operation Seidquest - ‘white collar’

Daniel led junior counsel in a sophisticated and complex trial where investors were encouraged to invest money with properties being offered as security, however the properties either did not exist, or there was no right to offer them as security. The offending covered a six year period, involved 23 victims and a sum of $4 million. The scheme included the creation of false and fraudulent documents and the money was channeled to various speculative business ventures through an elaborate corporate structure. The unrecovered loss was $3 million. The brief contained 15,000 pages, of which nine thousand were exhibits. The opening address was no less than 200 pages detailing each piece of circumstantial evidence to be relied upon to prove the guilt of each accused. The matter resolved before jury empanelment.

Operation Skybourne – Drug and firearm trafficking

In September 2012, the Victorian police commenced an investigation into the trafficking of methylamphetamine and firearms by an organised crime syndicate operating in the western suburbs of Melbourne. The police gathered evidence thorough listening and optical surveillance devices, undercover operatives and intercepted telephone calls. No less than 14 people were charged and prosecuted with drug or firearm related offences. The brief totaled no less than 15,000 intercepted telephone calls which formed the main body of evidence together with purchases of methylamphetamine by covert operatives. Daniel successfully negotiated guilty pleas with all 14 accused.

Operation Judged & Operation Tide - Drug trafficking

During 2012, the Victorian Police Drug Taskforce commenced two operations code named Operation Judged & Operation Tide.

The investigation involved the trafficking of cocaine and methyl amphetamine from NSW to Victoria. Police utilised state surveillance operations, tracking and listening devised and intercepted telephone calls. Complex issues arose concerning possession, control and continuity of the cocaine. Daniel, leading junior counsel, successfully argued the admissibility of the evidence. Both accused were convicted by a jury. A subsequent conviction appeal was unsuccessful.

Other Notable Operations

Operation Rhodonite – Drug trafficking and firearms

Operation Barbados - Drug trafficking

Operation Elm – Manufacturing methylamphetamine

Operation Dispense - Manufacturing methylamphetamine

 

Supreme Court Appeal

Mark Andrew v The Queen [2013] VSCA 333 – Conviction appeal - Rape – unsafe and unsatisfactory verdict – Appeal dismissed

Jomaa v The Queen [2014] VSCA 103 – Sentence appeal – Application for leave dismissed

Soylemez v The Queen [2004] VSCA 23 – Sentence appeal – Misconduct in public office – Leave appeal refused.

 

Publications

Case note: General Deterrence in ‘white collar’ offending post Boulton (2015)
Case Note:Voice Identification, Opinion Evidence (2015)

 

Download / Print Daniel Porceddu's profile.

Areas of Practice

Criminal

  • Crimes against the person
  • Drugs
  • Fraud
  • Proceeds of Crime/Money Laundering
  • Property Offences
  • White Collar and Corporate Crime
  • Work Health and Safety

Appellate

  • Criminal Appeals


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