Participate in Criminal Group Offence
What is Participate in Criminal Group?
The offence of Participate in Criminal Group is normally charged in circumstances involving Gang or Affiliated Criminal Organisation Activity, and often used as a backup charge for the Prosecution to a much more serious charge.
It involves the participation in a criminal group, which is defined as a group of 3 or more people with the common objective of being involved in:
Criminal activity in NSW, Australia or Internationally where material profit is gained
Such activity would involve conduct that would be considered as a serious indictable offence if prosecuted in NSW;
Committing serious violent offences
Participate in Criminal Group & The Law
Participate in Criminal Group is an offence under Section 93T of the Crimes Act 1900 (NSW).
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused knew that they were participating in a criminal group or; The accused ought to have known that they were participating in a criminal group
The accused knew that their participation in the criminal group contributed to the commission of criminal conduct; or The accused ought to have known that their participation in the criminal group contributed to the commission of criminal conduct.
Going to Court – “What am I looking at?”
This offence is treated very seriously by the Court and carries a maximum penalty in the Local Court of up to 2 years imprisonment.
If the Director of Public Prosecution chooses to elect the matter, and have it transferred to the District Court due the seriousness of the offence and any aggravating features, the maximum penalty can be up to 5 years imprisonment.
Lawyer Call – here to help..
Being charged with this offence can be overwhelming due to the seriousness of the charge, and the implications this could have on your life, family and future aspirations.
If you have been charged with Participate in Criminal Group, you will need to obtain expert legal advice as a matter of urgency. It is highly recommended that you approach a legal firm that has a stable understanding of the intricacies of such charges, including access to expert witnesses and Counsel with Court experience in Joint Criminal Enterprise matters.
If you have been charged with this offence, contact our office immediately on 1300 LAW 111 for a comprehensive review of your matter.