Under Section 93TA of the Crimes Act 1900 (NSW), it is a criminal offence to receive a material benefit that has been obtained through the activities of a criminal group.

Elements

To secure a conviction, the prosecution must establish the following elements:

Receiving a Material Benefit

The accused must have gained or obtained some form of material advantage or benefit from the criminal group.

Involvement of a Criminal Group

The benefit must have come from a group that the accused knew was a criminal group.

• A criminal group is defined as three or more people who have the objective of:
  • obtaining material benefits from serious indictable offences, or
  • committing serious violent offences.

Connection to Criminal Activities

The material benefit must be directly or indirectly derived from the group’s criminal conduct.

• The accused must have either known this fact or been reckless as to whether the benefit came from criminal activities.

Penalty

The maximum penalty for receiving a material benefit from a criminal group under Section 93TA is 5 years’ imprisonment.

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.

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