A performance crime offence is under section 154K of the Crimes Act 1900 (NSW) and relates to publishing or sharing online material that advertises a person’s involvement in a motor vehicle theft or a break and enter offence.

Elements

A person (the offender) commits an offence (a performance crime offence) against this section if:

• the offender’s act or omission constitutes:
  • a motor theft offence, or
  • a breaking and entering offence, and
• the offender disseminates material to advertise:
  • the offender’s involvement in the offence, or
  • the act or omission constituting the offence.

If an offender is convicted of a performance crime offence the offender cannot also be convicted of a motor theft offence or breaking and entering offence in relation to the act or omission constituting the performance crime offence.

Penalties

An offender who commits a performance crime offence is liable for a maximum penalty that equals the total of the following:

• the maximum penalty for the motor theft offence or breaking and entering offence,
• imprisonment for 2 years.

Definitions

Advertise: Attract the notice and attention of:

• the public, or
• a limited section of the public.

Breaking and entering offence: An offence under the Crimes Act 1900, Part 4, Division 4.

Disseminate, in relation to material: Send, supply, exhibit, transmit or communicate the material, including through social media and other electronic methods.

Material: Includes anything that contains data from which text, images or sound can be generated.

Motor theft offence: An offence under the following sections of the Crimes Act 1900:

• section 154A,
• section 154C,
• section 154F.

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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