Consorting refers to the act of associating with people who are classified as criminals. Notably, as per a report published by the University of New South Wales (UNSW), consorting was introduced in NSW as an offence following the rise of ‘razor gangs’ in Sydney.
Crimes Act NSW 1900 lists out the offence of consorting. in this article, we explore relevant Sections of consorting under Crimes Act NSW. These include:
Section 93W: Definitions Related to Consorting
As per Subsection (1) and (2) of Section 93W, the definitions related to consorting include:
| TERM | DEFINITION |
| Consort | Refers to consort in person or by other means, including by electronic means or any other form of communication. |
| Convicted Offender | Refers to a person who has been convicted of an indictable offence |
| Indictable Offence | Includes an offence committed in another jurisdiction that would be an indictable offence if committed in this jurisdiction |
Section 93X: Consorting
Subsection (1) of Section 93X states that a person who:
- habitually consorts with convicted offenders, and
- consorts with those convicted offenders after having been given an official warning in relation to each of those convicted offenders.
is guilty of an offence.
The maximum penalty for this offence is imprisonment for 3 years or fine of 150 penalty units or both.
Moreover, a person does not “habitually consort” with convicted offenders, unless:
- The person consorts with at least 2 convicted offenders (whether on the same or separate occasions) and
- The person consorts with each other convicted offender on at least 2 occasions
Furthermore, an “official warning” is a warning given by a police officer (orally or in writing) to the effect that:
- A certain person is a convicted offender, and
- Habitually consorting with convicted offenders is an offence.
Section 93X also states that an official warning ceases to have effect for the purposes of Subsection (1):
- if the warning is given to a person under the age of 18 years – 6 months after the warning is given, or
- in any other case – 2 years after the warning is given.
Section 93Y: Defence
This Section states that the following forms of consorting are to be disregarded for the purpose of Section 93X if the court is satisfied that the consorting was reasonable in the circumstances:
- consorting with family members
- consorting that occurs in the course of the lawful employment or the lawful operation of a business
- consorting that occurs in the course of training or education
- consorting that occurs in the provision of health service or welfare service
- consorting that occurs in the course of provision of legal service
- consorting that lawfully occurs in the course of complying with
- an order granted by the Parole Authority or
- a case plan, direction or recommendation by a member of staff of Corrective Services NSW
- consorting that occurs in the course of providing transitional, crisis or emergency accomodation
Moreover, subsection (2) states that in this section the term “family member” includes, for a defendant who is an Aboriginal person or a Torres Strait Islander, a person who is or has been part of the extended family or kin of the defendant according to the indigenous kinship system of the defendant’s culture.
Moreover, “health service” means:
- medical (including psychological), hospital, ambulance, paramedical, dental, community health or environmental health service, or
- another service
- relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in, or injury to, persons (whether provided as a public or private service), and
- that is of a class or description prescribed by the regulations.
Moreover, “Parole Authority” means the State Parole Authority constituted by section 183 of the Crimes (Administration of Sentences) Act 1999.
Furthermore, “welfare service” means a service whether provided as a public or private service relating to the provision of:
- housing, employment benefits, rental assistance or other financial assistance or family support, or
- another community welfare service necessary for the promotion, protection, development, and maintenance of the well-being of persons, including any rehabilitation, counselling, drug or alcohol service.
Seeking Legal Advice from Criminal Lawyers
Consorting can be a serious offence carrying severe penalties. If you are involved in such cases, it is necessary for you to get legal advice. For more information, reach out to our team of lawyers.
