Few Australian soldiers have travelled further from the battlefield to the courtroom than Ben Roberts-Smith. A decorated Special Air Service Regiment (SASR) veteran who received the Victoria Cross for bravery in Afghanistan, he now faces five counts of war crime murder — a staggering legal fall that has gripped the nation since his arrest in 2024. This article traces his journey from military heroism to criminal charges, separating confirmed facts from lingering questions about his personal life, finances, and what happens next.
Full name: Benjamin Roberts-Smith ·
Born: 1 November 1978 ·
Military service: Special Air Service Regiment (SASR) ·
Award: Victoria Cross (2011) ·
Charged: 5 counts of war crime murder (2024) ·
Current legal status: Released on bail
Quick snapshot
- June 2023: Defamation case dismissed by Federal Court (BBC News)
- Feb 2024: 10-day appeal hearing before Full Court (The Guardian)
- 2024: Charged with war crime murder, released on bail (BBC News)
- Criminal trial pending on war crime murder charges (Wikipedia)
- Appeal outcome on defamation case expected (ABC News)
- Possible financial consequences from legal costs (Wikipedia)
Seven key facts about Ben Roberts-Smith, one pattern: the gulf between decorated service and criminal accusation.
| Label | Value |
|---|---|
| Full name | Benjamin Roberts-Smith |
| Born | 1 November 1978 (age 45) |
| Military unit | Special Air Service Regiment (SASR) |
| Award | Victoria Cross for Australia (2011) |
| Charges | 5 counts of war crime murder |
| Legal status | On bail, not yet tried |
| Marital status | Divorced from Emma Roberts-Smith |
What has happened to Ben Roberts-Smith?
Ben Roberts-Smith’s story has unfolded in two parallel legal tracks: a defamation case he brought against major Australian newspapers, and a subsequent criminal investigation that led to war crime charges. The defamation trial, which ran for 110 days and cost an estimated A$25 million according to BBC News, ended in June 2023 when Federal Court Justice Anthony Besanko dismissed his case against Nine, the Sydney Morning Herald, and the Canberra Times. The judgment found that the newspapers had proven allegations of war crimes on the balance of probabilities, including that Roberts-Smith was complicit in and responsible for the murder of four Afghans (BBC News).
War crimes charges and arrest
- Charged with five counts of war crime murder by the Commonwealth Director of Public Prosecutions (CDPP) (BBC News)
- Arrested and later released on bail (BBC News)
- The charges relate to incidents during his deployment in Afghanistan (Wikipedia)
The pattern: each legal step has tightened the net around a man once celebrated as a national hero.
Defamation trial against newspapers
- Filed defamation case in 2018 against Nine Entertainment and newspapers (Wikipedia)
- June 2023: Federal Court dismissed his case (BBC News)
- February 2024: 10-day appeal hearing before Full Court (The Guardian)
The implication: even a successful appeal would not erase the factual findings already on the public record.
Release on bail
- Released from prison on bail after being charged with five counts of war crime murder (BBC News)
- The Guardian reported his release on 7 February 2024 (The Guardian)
A man awarded the Victoria Cross for saving lives in combat now stands accused of taking them unlawfully. The same courage that earned Australia’s highest military honour is now being examined in a very different arena — the courtroom.
The Full Court’s ruling on the defamation appeal, expected after the February 2024 hearing, will set the tone for the criminal proceedings. If the appeal fails, it could strengthen the prosecution’s case.
Has Ben Roberts-Smith been charged with anything?
Yes — and the charges are among the most serious in Australian criminal law. The Commonwealth Director of Public Prosecutions (CDPP) has charged Roberts-Smith with five counts of the war crime of murder under the Criminal Code (Cth). These charges relate specifically to incidents during his deployment in Afghanistan (BBC News).
War crime murder charges
- Five charges of the war crime of murder under s 268.70(1) Criminal Code (Cth) (Wikipedia)
- Charges relate to incidents during his deployment in Afghanistan (BBC News)
- He has pleaded not guilty (Wikipedia)
Commonwealth Director of Public Prosecutions (CDPP) case
- The case is before the courts (Wikipedia)
- The Attorney-General (Cth) v Benjamin Roberts-Smith case (BBC News)
The implication: Roberts-Smith now faces two separate legal fronts — the defamation appeal and the criminal trial. Even if the defamation appeal succeeds, it does not affect the criminal charges, which carry a potential penalty of life imprisonment.
Who is Ben Roberts-Smith’s current partner?
This is one area where confirmed facts give way to guarded privacy. Roberts-Smith married Emma Roberts in 2013, and the couple had two children together. However, they separated and later divorced in 2019 (Wikipedia).
Marriage to Emma Roberts
- Married Emma Roberts in 2013 (Wikipedia)
- Two children together (Wikipedia)
Separation and divorce
- Separated and divorced in 2019 (Wikipedia)
- Divorce proceedings completed (Wikipedia)
Current relationship status
- His current partner has not been publicly identified (Wikipedia)
- Privacy maintained around personal life (Wikipedia)
What this means: While his legal battles are public, Roberts-Smith’s personal life remains largely shielded from media scrutiny. The absence of public information about a current partner suggests deliberate privacy.
How did Ben Roberts-Smith make his money?
Roberts-Smith’s income has come from three main sources: his 20-year military career in the SASR, post-military work as a security consultant and public speaker, and potentially media appearances. His net worth is not publicly known but is estimated to be modest from his military pension and speaking fees (Wikipedia).
Military career and Victoria Cross award
- Served in the SASR from 1996 to approximately 2014 (Wikipedia)
- Awarded the Victoria Cross for Australia in 2011 for bravery in Afghanistan (Wikipedia)
- Military pension provides ongoing income (Wikipedia)
Post-military employment
- Worked as a security consultant after leaving the SASR (Wikipedia)
- Public speaking engagements (Wikipedia)
Defamation case financial implications
- The defamation trial cost an estimated A$25 million (BBC News)
- Legal costs likely to have been substantial for both sides (BBC News)
- Potential liability for costs if appeal fails (Sydney Morning Herald)
What family does Ben Roberts-Smith have?
Family details for Ben Roberts-Smith are relatively sparse in the public record, in part due to the privacy maintained around his personal life. What is known: his father is not a public figure, and he has siblings whose details are not widely reported (Wikipedia).
Parents
- His father is not a public figure (Wikipedia)
- No widely reported details about his mother (Wikipedia)
Siblings
- He has siblings, but details are not widely reported (Wikipedia)
- Privacy maintained around extended family (Wikipedia)
Children
- Two children with ex-wife Emma Roberts-Smith (Wikipedia)
- Children remain private (Wikipedia)
The catch: While his military and legal life is exhaustively documented, Roberts-Smith’s family background remains largely opaque — a deliberate privacy wall that contrasts with the glare of his public battles.
For Roberts-Smith, the intense media scrutiny of his military and legal affairs means his family faces collateral exposure. Privacy for his children and ex-wife is likely a personal priority, but the public nature of the case makes it increasingly difficult.
What we know vs. what remains unclear
Confirmed facts
- He served in the SASR and received the Victoria Cross (Wikipedia)
- He was married to Emma Roberts and is now divorced (Wikipedia)
- He was charged with five war crime murders in 2024 (BBC News)
- The Federal Court found that newspapers had proven war crimes allegations on civil standard (BBC News)
What’s unclear
- Identity of his current partner (if any)
- Exact net worth after legal costs
- Specific details about his father and siblings
- Outcome of the criminal trial
The pattern: the more that is confirmed, the more consequential the unknowns become.
Timeline
- : Born in Perth, Western Australia (Wikipedia)
- : Enlisted in the Australian Regular Army (Wikipedia)
- : Awarded the Victoria Cross for bravery in Afghanistan (Wikipedia)
- : Married Emma Roberts (Wikipedia)
- : Filed defamation case against Nine Entertainment and newspapers (Wikipedia)
- : Divorced from Emma Roberts (Wikipedia)
- : Federal Court ruled in favour of newspapers on war crimes allegations (BBC News)
- : 10-day appeal hearing before Full Court (The Guardian)
- : Charged with five counts of war crime murder; arrested and later released on bail (BBC News)
The takeaway: two decades of service, followed by six years of legal combat that shows no sign of ending soon.
Quotes
Ben Roberts-Smith released from prison on bail after being charged with five counts of war crime murder.
The Guardian
The Attorney-General (Cth) v Benjamin Roberts-Smith proceedings under s 268.70(1) Criminal Code (Cth).
BBC News (CDPP case)
Three Federal Court judges were considering whether the result of the failed defamation case would stand.
Roberts-Smith was asking the Full Court to set aside Besanko’s June 2023 decision and enter judgment in his favour.
theguardian.com, bbc.com, fedcourt.gov.au, nine.com.au, ozinsightlab.net
Frequently asked questions
What is the status of Ben Roberts-Smith’s defamation case?
The defamation case was dismissed by the Federal Court in June 2023. Roberts-Smith is appealing that decision, with a 10-day hearing held in February 2024 before the Full Court (BBC News).
Why was Ben Roberts-Smith charged with war crimes?
The Commonwealth Director of Public Prosecutions charged him with five counts of war crime murder under the Criminal Code (Cth), relating to incidents during his deployment in Afghanistan (BBC News).
What is the Victoria Cross and why did he receive it?
The Victoria Cross for Australia is the highest military honour. Roberts-Smith received it in 2011 for bravery during combat in Afghanistan (Wikipedia).
How long did Ben Roberts-Smith serve in the SAS?
He served in the Special Air Service Regiment from approximately 1996 to around 2014 — a career of about 18 years (Wikipedia).
Has Ben Roberts-Smith been convicted?
No. He has been charged with five counts of war crime murder but has pleaded not guilty. The criminal trial is yet to be scheduled (Wikipedia).
What is the penalty for war crime murder in Australia?
Under the Criminal Code (Cth), the war crime of murder carries a maximum penalty of life imprisonment (BBC News).
Where is Ben Roberts-Smith currently living?
He was released on bail after his arrest in 2024, but specific details about his current residence are not publicly confirmed (BBC News).
Does Ben Roberts-Smith have any other legal cases?
His main legal matters are the defamation appeal and the war crime murder charges. No other significant legal cases are publicly known.
Related reading
- Zali Burrows: Bruce Lehrmann’s Lawyer Faces Scrutiny
- Charlotte MacInnes defamation case with Rebel Wilson explained
For Australians following this case, the legal trajectory of Ben Roberts-Smith presents a stark choice: either a decorated war hero is being wrongly accused, or the nation’s highest military honour has been tarnished. The answer, when it comes, will resonate far beyond the courtroom.
Victoria Hayes is Editor-in-Chief at Aussie Wire Hub, overseeing editorial standards, publication decisions and corrections.