Participation in Criminal Groups
A person is guilty of an offence if they participate in a criminal group, knowing, or reasonably ought to know, that it is a criminal group, and their participation contributes to the occurrence of any criminal activity.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Participate in a criminal group and contribute to the groups criminal activity | 2 years imprisonment and/or $5,500 fine | 5 years imprisonment |
| Participate in a criminal group and knowing or being reckless as to whether that participation is contributing to the groups criminal activity | 2 years imprisonment and/or $11,000 fine | 10 years imprisonment |
| Assaulting another person, intending by that action to participate in any criminal activity of a criminal group | 2 years imprisonment and/or $11,000 fine | 10 years imprisonment |
| Destroying or damaging property, intending by that action to participate in any criminal activity of a criminal group | 2 years imprisonment and/or $11,000 fine | 10 years imprisonment |
| Assaulting a law officer in the execution of duty, intending by that action to participate in any criminal activity of a criminal group | Not applicable | 14 years imprisonment |
| Knowingly direct the activities of a criminal group | 2 years imprisonment and/or $11,000 fine | 15 years imprisonment |
| Knowingly derive a material or financial benefit from the activities of a criminal group | 2 years imprisonment and/or $5,500 fine | 5 years imprisonment |
Receiving Material Benefit from Criminal Group Activities
Under section 93TA of the Crimes Act 1900 (NSW), It is an offence under this section if a person receives a material benefit from a criminal group, knowing that it is a criminal group and that the benefit is derived from the group’s criminal activities.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Knowingly derive a material or financial benefit from the activities of a criminal group knowing that the benefit is desired from the groups criminal activities | 2 years imprisonment and/or $5,500 fine | 5 years imprisonment |
Consorting
Under section 93X of the Crimes Act 1900 (NSW), it is a criminal offence if a person (other than a person under the age of 14 years) 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. A person is said to consort with another if they communicate or associate with that individual in any manner, including electronic or other forms of communication. Examples of consorting include meeting, conversing, emailing, or contacting someone via social media.
‘Habitually Consorts’ is defined under the legislation as consorting with at least 2 convicted offenders and consorting with each one of those convicted offenders on at least 2 different occasions.
An ‘Official Warning’ is defined under the legislation as an oral or written warning given by a police officer that a certain person is a convicted offender and that habitually consorting with that offender is an offence.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Habitually Consorting with Convicted Offender | 2 years imprisonment and/or $5,500 fine | 3 years maximum and/or $16,500 fine |