Participating in a Criminal Group

THINGS YOU NEED TO KNOW:

1. Participating in a Criminal Group is a serious indictable offence under Section 93T of the Crimes Act 1900 (NSW).
2. A number of defences against a conviction of Participating in a Criminal Group are available.
3. The maximum penalty available to the Court for the criminal offence of Participating in a Criminal Group is a term of imprisonment of 5 years.
4. Participating in a Criminal Group matters are heard in the Local Court and District Court.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for obtaining not guilty verdicts and the withdrawal of charges for clients charged with the criminal offence of Participating in a Criminal Group.

The criminal offence of Participating in a Criminal Group is a serious offence and can have severe consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF PARTICIPATING IN A CRIMINAL GROUP?

Section 93T of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person to participate in a criminal group if a person:

• Knows, or ought reasonably to know, that it is a criminal group, and
• Knows, or ought reasonably to know, that his or her participation in that group contributes to the occurrence of any criminal activity.

WHAT IS THE DEFINITION OF A CRIMINAL GROUP?

To best understand the criminal offence of Participating in a Criminal Group, it is important to know what in fact constitutes a criminal group.

Section 93S of the Crimes Act 1900 (NSW) defines a Criminal Group as a group of 3 or more people who have as their objective or one of their objectives:

• 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 NSW (including outside Australia) that, if it occurred in NSW, would constitute a serious violence offence.

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF PARTICIPATING IN A CRIMINAL GROUP?

Section 93T of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 5 years imprisonment for a person convicted of the criminal offence of Participating in a Criminal Group. If the matter is finalised in the Local Court, the maximum penalty the Court may impose is 2 years imprisonment.

Other penalties available for a conviction of the criminal offence of Participating in a Criminal Group include a Suspended Sentence, Intensive Corrections Order (ICO), Community Corrections Order (CCO) and a Good Behaviour Bond.

WHAT DOES THE PROSECUTION NEED TO PROVE?

You will beat a Participating in a Criminal Group charge if the prosecution cannot prove beyond reasonable doubt that you participated in a criminal group and that you:

• Knew, or ought reasonably to have known, that it is a criminal group, and
• Knew, or ought reasonably to have known, that your participation in that group contributes to the occurrence of any criminal activity.

WHAT ARE THE DEFENCES AGAINST GUILT FOR THE CRIMINAL OFFENCE OF PARTICIPATING IN A CRIMINAL GROUP?

Did not commit the act: That you did not commit the act that the prosecution alleges.

Not a Criminal Group: That the group you are accused of participating in was not in fact a criminal group, or you didn’t know and did not ought to have reasonably known that it is a criminal group.

Duress: You may defend a Participating in a Criminal Group charge on the defence of duress, which is that you committed the offence due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Self-Defence: Self-Defence is a defence against a conviction of Participating in a Criminal Group provided that the conduct of self-defence was carried out to defend the accused or another person or to prevent or terminate the unlawful deprivation of the accused’s liberty or the liberty of another person. The conduct constituting self-defence must be a reasonable response in the circumstances as the accused perceived them.

Necessity: The defence of necessity may be used to defend against a charge of the criminal offence of Participating in a Criminal Group in circumstances where the criminal offence must have been done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others whom you were bound to protect.

Other defences may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you based on the circumstances of your case.

WHAT ARE SOME EXAMPLES OF THE CRIMINAL OFFENCE OF PARTICIPATING IN A CRIMINAL GROUP?

Examples of actions that may constitute the criminal offence of Participating in a Criminal Group include, but are not limited to:

• Selling drugs alongside and for a group of members of a bikie gang.
• Bashing and forcing someone into the boot of a car and doing so with five members of a group who you know kidnap people for ransom.
• Organising with six members of a known crime family to import drugs into the country.

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED OF THE OFFENCE OF PARTICIPATING IN A CRIMINAL GROUP?

If you are convicted of the criminal offence of Participating in a Criminal Group, the court may consider a number of factors that will determine the punishment you receive, including but not limited to:

• Early guilty plea
• Circumstances of the offence
• Criminal history, particularly involving similar offences
• Character references
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending
• Any assistance you give to authorities

WHAT COURT ARE PARTICIPATING IN A CRIMINAL GROUP OFFENCES HEARD IN?

The criminal offence of Participating in a Criminal Group is heard in the Local Court and District Court.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including Participating in a Criminal Group offences in the Local Court and District Court.

WHAT ARE YOUR OPTIONS?

When facing a Participating in a Criminal Group charge, you have several options in court. These include:

PLEADING NOT GUILTY: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

PLEADING GUILTY: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

NEGOTIATE A PLEA DEAL: We may negotiate with the prosecution to request that the charge is withdrawn, downgraded or fact sheets amended, depending on the circumstances of your case.

CONTACT US NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.