This article will discuss the punishable acts relating to participation in criminal groups in NSW. Sections 93S to 93U of the Crimes Act 1900 provides for the penalties of these acts.
Section 93S: Definition of Terms
Before we discuss the rules and provisions about criminal groups NSW under the Crimes Act 1900, here are some important terms that you must understand:
- Criminal group: a group of 3 or more people who have as their objective or one of their objectives the following:
- obtaining material benefits from conduct that constitutes a serious indictable offence, or
- obtaining material benefits from conduct engaged in outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious indictable offence, or
- committing serious violence offences, or
- engaging in conduct outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious violence offence
- Law enforcement officer: The following list of persons or officers are law enforcement officers under the Crimes Act 1900:
- a police officer, or
- a Commissioner or Assistant Commissioner of the Independent Commission Against Corruption, or
- an officer of the Independent Commission Against Corruption. within the meaning of the Independent Commission Against Corruption Act 1988, who performs investigation functions; or
- a Commissioner or Assistant Commissioner of the Law Enforcement Conduct Commission. within the meaning of the Law Enforcement Conduct Commission Act 2016; or
- any other officer of the Law Enforcement Conduct Commission, within the meaning of the Law Enforcement Conduct Commission Act 2016 , who performs investigation or confiscation functions.
For the complete list of ‘law enforcement officers,’ check out Section 60AA of the Act.
What Does ‘Serious Violence Offence’ Mean?
A serious violence offence is punishable by imprisonment for life or for a term of 10 years or more. The conduct involves:
- loss of a person’s life or serious risk of loss of a person’s life, or
- serious injury to a person or serious risk of serious injury to a person, or
- serious damage to property in circumstances endangering the safety of any person, or
- perverting the course of justice (within the meaning of Part 7) in relation to any conduct that, if proved, would constitute a serious violence offence as referred to in paragraph (a), (b) or (c).
Section 93T: Participation in Criminal Groups NSW
The Crimes Act NSW punishes the act of participating in criminal groups NSW. S93T (1) states that a person who participates in criminal groups NSW is guilty if the person knows or ought reasonably to know that:
- it is a criminal group; and
- his or her participation in that group contributes to the occurrence of any criminal activity.
Such act of participation is punishable with a maximum penalty of 5 years of imprisonment.
Here are the other acts of participation in criminal groups NSW and their corresponding penalties punished under this section:
| Criminal Act | Maxium Penalty | |
| 1A | Participating in criminal groups NSW by directing any of the activities of the group is guilty of an offence and the person knows that it is a criminal group and is reckless as to whether that participation contributes to the occurrence of any criminal activity | Imprisonment for 10 years |
| 2 | Assaulting another person, intending by that action to participate in any criminal activity of a criminal group | Imprisonment for 10 years |
| 3 | Destroying or damaging property belonging to another person, or threatening to destroy or damage property belonging to another person, intending by that action to participate in any criminal activity of a criminal group. | Imprisonment for 10 years |
| 4 | Assaulting a law enforcement officer while in the execution of the officer’s duty, intending by that action to participate in any criminal activity of a criminal group | Imprisonment for 14 years |
| 4A | Participating in a criminal group whose activities are organised and on-going by directing any of the activities of the group if the person knows it is a criminal group and is reckless as to whether, that participation contributes to the occurrence of any criminal activity. | Imprisonment for 15 years |
When is an action taken to be carried out by a law enforcement officer?
The same section provides that an action is taken to be carried out in relation to a law enforcement officer while in the execution of the officer’s duty, even though the law enforcement officer is not on duty at the time, if it is carried out:
- as a consequence of, or in retaliation for, actions undertaken by that law enforcement officer in the execution of the officer’s duty, or
- because the officer is a law enforcement officer.
Section 93TA: Receiving Material Benefit
Under section 93TA the act of receiving material benefit derived from criminal activities of criminal groups NSW is punishable. The rule is that a person who receives from criminal groups NSW a material benefit from the criminal activities of the criminal groups NSW is guilty of an offence if the person:
- knows that it is a criminal group, and
- knows, or is reckless as to whether, the benefit is derived from criminal activities of the criminal group.
The maximum penalty for this offence is five years of imprisonment.
What are Alternative Verdicts?
Section 93U provides for the following guidelines:
- A jury may find someone not guilty of the offence charged but guilty of the offence under section 93T (1).
Condition: If, during the trial of that person for an offence under section 93T (1A), (2), (3), (4), or (4A), the jury does not believe that the accused is guilty of the offence but believes that the accused is guilty of an offence under section 93T (1). In this case, the accused may be subject to punishment as a result.
- If, on the trial of a person for an offence under Section 93T (1), (1A) or (4A), the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of an offence under section 93TA, it may find the accused not guilty of the offence charged but guilty of an offence under section 93TA, and the accused is liable to punishment accordingly.
Contact a Criminal Defence Lawyer
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