Mr Theo Alexander





Faculty of Business and Law


BL Law


Geelong Waterfront Campus


Master of Laws, Deakin University, 2011


Theo holds an LLB from the University of Melbourne and an LLM from Deakin University.  He wrote a thesis on the right to silence in concurrent civil and criminal proceedings for his Masters degree.

He is currently a candidate for a PhD with a thesis entitled: ‘A Rational Approach to Sentencing White-Collar Offenders’ (supervised by Professor Mirko Bagaric). 

Since 2005, Theo has lectured in the Undergraduate and Postgraduate programs at Deakin University. He teaches in corporate crime, international commercial law, legal ethics and privilege, and the law of evidence.

In addition, Theo has been in practice at the Victorian Bar for over a decade.  He practices predominantly in criminal and quasi-criminal proceedings in the Commonwealth and State jurisdictions.

He specializes in defending ‘white-collar’ crimes under the Crimes Acts, Criminal Code, Corporations Act, Tax Acts and Workcover/OHS laws, including fraud, financial crime, market manipulation/insider trading, embezzlement and other ASIC and ATO prosecutions.

He has a substantial criminal appellate practice.

Theo also practices in corporate law; particularly in regulatory matters, compulsory examinations, civil penalty provisions, director disqualification and penalty notices, and director/shareholder actions.

Read more on Theo's profile

Research interests

Sentencing and white-collar crime

Teaching interests

Sentencing Law

Evidence Law

Australian Human Rights Law

International Commercial Law



Theo has presented numerous papers on ethics, white collar cime for professional CPD providers, law firms, and organizations, including:

Australian Corporate Lawyers Association, State Conference, Melbourne, 2012

Recent Issues in Corporate Crime: cases and commentary, ICU Seminars, Melbourne, 2011

Criminal law and the new Evidence Act 2008, ICU Seminars, Melbourne, 2010

Professional activities

Some matters of note:

Baini v The Queen [2012] HCA 59 (with Tehan QC); appeal in respect of the interpretation of s 276 of the Criminal Procedure Act 2009 (Vic)

Harding Investments Pty Ltd v PMP Shareholdings Pty Ltd [2011] FCA 166; (with Bearman); oppression of minority shareholder

ACCC v Rana  [2008] FCA 374; plea on a federal prosecution for failing to comply with a notice to provide information

Zukanovic –v- Magistrates’ Court at Moorabbin [2011] VSC 141 (with Bearman); application for writ of certiorari in the Supreme Court against a decision of a magistrate

DPP v Tang (aka Widjaja) [2011] VCC (8 December 2011); plea in the first ASIC prosecution for market manipulation under s 1041B of the Corporations Act


Pro Bono

Theo volunteers his time to train and judge students in advocacy, mooting and witness examination competitions at the Melbourne, Monash, Deakin and La Trobe Universities.  He was also a debater in the 2010 Legal Comedy Debate for the successful affirmative team with Michelle Quigley QC and Judge Elizabeth Gaynor.


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The fallacy of punishing offenders for the deeds of others: an argument for abolishing offence prevalence as a sentencing aggravating consideration

Prof Mirko Bagaric, Mr Theo Alexander

(2016), Vol. 38, pp. 23-47, Sydney law review, Sydney, N.S.W., C1


Addressing the curious black spot that is the separation between the principle of legality and sentencing

Prof Mirko Bagaric, Mr Theo Alexander

(2016), Vol. 41, pp. 515-551, Monash University law review, Melbourne, Vic., C1


First-time offender, productive offender, offender with dependents: why the profile of offenders (sometimes) matters in sentencing

Prof Mirko Bagaric, Mr Theo Alexander

(2015), Vol. 78, pp. 397-446, Albany Law Review, Albany, New York, C1


A Rational Approach To Sentencing White- Collar Offenders in Australia

Prof Mirko Bagaric, Mr Theo Alexander

(2014), Vol. 34, pp. 317-349, Adelaide Law Review, Adelaide, South Australia, C1


(Particularly) Burdensome prison time should reduce imprisonment length — and not merely in theory

Prof Mirko Bagaric, Richard Edney, Mr Theo Alexander

(2014), Vol. 38, pp. 409-443, Melbourne university law review, Melbourne, VIC, C1


Rehabilitating totality in sentencing: from obscurity to principle

Prof Mirko Bagaric, Mr Theo Alexander

(2013), Vol. 36, pp. 139-167, University of New South Wales law journal, Sydney, N.S.W., C1


The capacity of criminal sanctions to shape the behaviour of offenders : specific deterrence doesn’t work, rehabilitation might and the implications for sentencing

Prof Mirko Bagaric, Mr Theo Alexander

(2012), Vol. 36, pp. 159-172, Criminal law journal, Rozelle, N.S.W., C1


The fallacy that is incapacitation : an argument for limiting imprisonment only to sex and violent offenders

Prof Mirko Bagaric, Mr Theo Alexander

(2012), pp. 95-124, Journal of commonwealth criminal law, Surrey, England, C1


(Marginal) general deterrence doesn’t work – and what it means for sentencing

Prof Mirko Bagaric, Mr Theo Alexander

(2011), Vol. 35, pp. 269-283, Criminal law journal, Rozelle, N.S.W., C1


The fallacy of general deterrence and the futility of imprisoning offenders for tax fraud

Prof Mirko Bagaric, Mr Theo Alexander, Mr Athula Pathinayake

(2011), Vol. 26, pp. 511-540, Australian tax forum, Sydney N.S.W., C1


Australian human rights law

Prof Mirko Bagaric, Peter Faris, Mr Theo Alexander

(2011), Sydney, N.S.W., A1


The illusion that is the right to a fair trial in Australia

Prof Mirko Bagaric, Mr Theo Alexander, Ms Marlene Ebejer

(2011), Vol. 17, pp. 59-90, Australian journal of human rights, Chatswood , N.S.W., C1