In New South Wales, participating in a criminal group is an offence under section 93T of the Crimes Act 1900.

What the Prosecution Must Prove

To be found guilty, the prosecution must establish beyond a reasonable doubt that the accused:

• Participated in a criminal group;
• Knew, or should have known, the group was a criminal group; and
• Knew, or should have known, their involvement contributed to criminal activity.

Key Elements of the Offence

Criminal Group

A criminal group is one that engages in criminal activity. The accused must have been aware, or reasonably expected to be aware, of the group’s unlawful nature.

Knowledge of Involvement

It must be proven that the accused knew, or ought to have known, that their actions supported or facilitated the group’s criminal conduct.

Participation

Participation can include any involvement in the group’s activities, whether it be direct or indirect.

Penalties

The maximum penalty for participating in a criminal group is 15 years’ imprisonment. Courts may also impose other penalties, including:

• Fines
• Good behaviour bonds
• Community service orders
• Suspended sentences

Possible Defences

Defences to this charge may include:

• Duress
• Necessity
• Self-defence

The applicability of these defences will depend on the circumstances of the case.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

See author's posts