Under section 351A of the Crimes Act 1900 (NSW), it is a criminal offence to recruit another person, whether an adult or a child, to engage in or assist with criminal activity.

Criminal activity includes conduct that amounts to a serious indictable offence.

Elements

To secure a conviction, the prosecution must prove the following elements beyond reasonable doubt:

Recruitment:

That the accused recruited another person to carry out, or help carry out, a criminal activity.

Criminal Activity:

That the activity involved was a serious indictable offence.

Recruit:

Recruitment includes counselling, procuring, soliciting, inciting, or inducing someone to participate.

Age of the Recruit:

Whether the recruited person was an adult or a child under 18, the penalties vary.

Penalties

Penalties can vary depending on the age of the recruited person:

• Recruiting an adult: Maximum penalty of 7 years’ imprisonment.
• Recruiting a child (under 18): Maximum penalty of 10 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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