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Contents (1900 - 40)
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Crimes Act 1900 No 40
Current version for 14 August 2017 to date (accessed 23 August 2017 at 21:59)
Part 3A
Part 3A Offences relating to public order
Division 1 Riot and affray
93A   Definition
In this Division:
violence means any violent conduct, so that:
(a)  except for the purposes of section 93C, it includes violent conduct towards property as well as violent conduct towards persons, and
(b)  it is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct (for example, throwing at or towards a person a missile of a kind capable of causing injury which does not hit or falls short).
93B   Riot
(1)  Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot and liable to imprisonment for 15 years.
(2)  It is immaterial whether or not the 12 or more persons use or threaten unlawful violence simultaneously.
(3)  The common purpose may be inferred from conduct.
(4)  No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(5)  Riot may be committed in private as well as in public places.
93C   Affray
(1)  A person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray and liable to imprisonment for 10 years.
(2)  If 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).
(3)  For the purposes of this section, a threat cannot be made by the use of words alone.
(4)  No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(5)  Affray may be committed in private as well as in public places.
93D   Mental element under sections 93B and 93C
(1)  A person is guilty of riot only if the person intends to use violence or is aware that his or her conduct may be violent.
(2)  A person is guilty of affray only if the person intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence.
(3)  Subsection (1) does not affect the determination for the purposes of riot of the number of persons who use or threaten violence.
93E   (Repealed)
Division 2 Explosives and firearms offences
93F   Interpretation
(1)  In this Division:
firearm, imitation firearm, pistol and prohibited firearm have the same meanings as in the Firearms Act 1996.
unregistered firearm means a firearm that is not registered under the Firearms Act 1996, but does not include any such firearm that is not required to be registered under that Act.
(2)  For the purposes of this Division, a person who is in a vehicle or vessel in a public place is taken to be in that place.
(3)  In subsection (2), vehicle includes a caravan or anything else constructed to be drawn by a vehicle or animal.
93FA   Possession, supply or making of explosives
(1)  A person who possesses an explosive in a public place is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(2)  A person who possesses, supplies or makes an explosive, under circumstances that give rise to a reasonable suspicion that the person did not possess, supply or make the explosive for a lawful purpose, is guilty of an offence.
Maximum penalty: Imprisonment for 3 years or 50 penalty units, or both.
(3)    (Repealed)
(4)  A person is not guilty of an offence against subsection (1) or (2) for possessing or making an explosive if the person satisfies the court that he or she had a reasonable excuse for doing so or did so for a lawful purpose.
93FB   Possession of dangerous articles other than firearms
(1)  A person who, in a public place, possesses:
(a)  anything (not being a firearm within the meaning of the Firearms Act 1996) capable of discharging by any means:
(i)  any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or
(ii)  any substance capable of causing bodily harm, or
(b)  a fuse capable of use with an explosive or a detonator, or
(c)  a detonator, or
(d)  a distress signal, or distress flare, that operates by emitting a bright light,
is liable, on conviction before the Local Court, to imprisonment for 2 years, or a fine of 50 penalty units, or both.
(2)  A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) if the person satisfies the court that he or she had a reasonable excuse for possessing it or possessed it for a lawful purpose.
(3)  A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) (a) if the person satisfies the court that he or she possessed it for the purpose of self-defence and that it was reasonable in the circumstances to possess it for that purpose.
(4)  In considering a defence under subsection (3), the court must have regard to its reasonableness in all the circumstances of the case, including:
(a)  the immediacy of the perceived threat to the person charged, and
(b)  the circumstances, such as the time and location, in which the thing was possessed, and
(c)  the type of thing possessed, and
(d)  the age, characteristics and experiences of the person charged.
93G   Causing danger with firearm or spear gun
(1)  Any person who:
(a)  possesses a loaded firearm or loaded spear gun:
(i)  in a public place, or
(ii)  in any other place so as to endanger the life of any other person, or
(b)  fires a firearm or spear gun in or near a public place, or
(c)  carries or fires a firearm or spear gun in a manner likely to injure, or endanger the safety of, himself or herself or any other person or any property, or with disregard for the safety of himself or herself or any other person,
is liable to imprisonment for 10 years.
(2)  For the purposes of this section:
(a)  a firearm is to be regarded as being loaded if there is ammunition:
(i)  in its chamber or barrel, or
(ii)  in any magazine or other device which is in such a position that the ammunition can be fitted into its chamber or barrel by operation of some other part of the firearm, and
(b)  a spear gun is to be regarded as being loaded if a spear, or an instrument or thing similar to a spear, is fitted to it.
(3)  A person is not guilty of an offence under this section for possessing or doing anything referred to in subsection (1) if the person satisfies the court that he or she had a reasonable excuse for possessing it or doing it or possessed it or did it for a lawful purpose.
93GA   Firing at dwelling-houses or buildings
(1)  A person who fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person is liable to imprisonment for 14 years.
(1A)  A person who, during a public disorder, fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person is liable to imprisonment for 16 years.
(1B)  A person who, in the course of an organised criminal activity, fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person is liable to imprisonment for 16 years.
(2)  In the prosecution of an offence under this section, it is not necessary to prove that a person was actually placed in danger by the firing of the firearm.
(3)  If, on the trial of a person for an offence under this section, the jury is not satisfied that the accused is guilty of the offence but is satisfied on the evidence that the person is guilty of an offence under section 93G or 93H, it may find the person not guilty of the offence charged but guilty of an offence under section 93G or 93H, and the accused is liable to punishment accordingly.
(4)  If, on the trial of a person for an offence under subsection (1A) or (1B), the jury is not satisfied that the accused is guilty of the offence but is satisfied on the evidence that the person is guilty of an offence under subsection (1), it may find the person not guilty of the offence charged but guilty of an offence under subsection (1), and the accused is liable to punishment accordingly.
93H   Trespassing with or dangerous use of firearm or spear gun
(1)  A person who, possessing a firearm, imitation firearm, spear gun or imitation spear gun, enters any building or land (other than a road), unless the person:
(a)  is the owner or occupier of the building or land or has the permission of the owner or occupier, or
(b)  does so with a reasonable excuse, or
(c)  does so for a lawful purpose,
is liable to imprisonment for 5 years.
(2)  A person who fires a firearm or spear gun in or into any building or on or on to any land, unless the person:
(a)  is the owner or occupier of the building or land or has the permission of the owner or occupier, or
(b)  does so with a reasonable excuse, or
(c)  does so for a lawful purpose,
is liable to imprisonment for 10 years.
(3)  The onus of proving the matters referred to in subsection (1) (a), (b) and (c) and subsection (2) (a), (b) and (c) lies with the defendant.
93I   Possession of unregistered firearm in public place
(1)  A person who:
(a)  possesses an unregistered firearm in a public place, and
(b)  is not authorised under the Firearms Act 1996 to possess the firearm,
is liable to imprisonment for 10 years.
(2)  A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.
(3)  For the purposes of subsection (2), an offence under subsection (1) is committed in circumstances of aggravation if the offence involves the possession:
(a)  of more than one unregistered firearm, or
(b)  of an unregistered firearm that is a pistol, or
(c)  of an unregistered firearm that is a prohibited firearm.
Division 3 Contamination of goods
93J   Definitions of “contaminate” and “goods”
(1)  In this Division:
contaminate goods includes:
(a)  interfere with the goods, or
(b)  making it appear that the goods have been contaminated or interfered with.
goods includes any substance or article:
(a)  whether or not for human consumption, and
(b)  whether natural or manufactured, and
(c)  whether or not incorporated or mixed with other goods.
(2)  In this Division, a reference to economic loss caused through public awareness of the contamination of goods includes a reference to economic loss caused through:
(a)  members of the public not purchasing or using those goods or similar goods, or
(b)  steps taken to avoid public alarm or anxiety about those goods or similar goods.
93K   Contaminating goods with intent to cause public alarm or economic loss
A person who contaminates goods with the intention of:
(a)  causing public alarm or anxiety, or
(b)  causing economic loss through public awareness of the contamination,
is liable to imprisonment for 10 years.
93L   Threatening to contaminate goods with intent to cause public alarm or economic loss
(1)  A person who makes a threat that goods will be contaminated with the intention of:
(a)  causing public alarm or anxiety, or
(b)  causing economic loss through public awareness of the contamination,
is liable to imprisonment for 10 years.
(2)  For the purposes of this section, a threat may be made by any act, and may be explicit or implicit and conditional or unconditional.
93M   Making false statements concerning contamination of goods with intent to cause public alarm or economic loss
(1)  A person who makes a statement that the person believes to be false:
(a)  with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated, and
(b)  with the intention of thereby:
(i)  causing public alarm or anxiety, or
(ii)  causing economic loss through public awareness of the contamination,
is liable to imprisonment for 10 years.
(2)  For the purposes of this section, making a statement includes conveying information by any means.
93N   Aggravated circumstances—unwarranted demand
(1)  A person is guilty of an offence against this section if the person commits an offence under section 93K, 93L or 93M in connection with an unwarranted demand by the person. An unwarranted demand is a demand that the person believes he or she does not have any reasonable grounds for making.
(2)  A person convicted of an offence against this section is liable to imprisonment for 14 years.
(3)  If on the trial of a person for an offence against this section the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 93K, 93L or 93M, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
93O   Aggravated circumstances—death or grievous bodily harm
(1)  A person is guilty of an offence against this section if the person commits an offence against section 93K or 93L and:
(a)  the contamination of the goods causes the death of any person or grievous bodily harm to any person, or
(b)  the person intends by that contamination to cause such death or harm.
(2)  A person convicted of an offence against this section is liable to imprisonment for 25 years.
(3)  If on the trial of a person for an offence against this section the jury is not satisfied that the accused is guilty of the offence charged, but is satisfied on the evidence that the accused is guilty of an offence under section 93K or 93L, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
93P   Special provisions relating to geographical application of this Division
(1)  A person commits an offence against a provision of this Division if:
(a)  the person does an act outside the State that constitutes the offence, and
(b)  (apart from this section) the act would have constituted the offence had it been done within this State, and
(c)  the offence involves intending to cause public alarm or anxiety, or economic loss, within the State.
(2)  A person who commits an offence by the operation of this section may be dealt with, and is liable to the same punishment, as if the person had committed the offence within the State.
(3)  If an offence against a provision of this Division involves intending to cause public alarm or anxiety, or economic loss, within the State, a geographical nexus between the State and any other element of the offence is not required.
(4)  The other provisions of this Act, the provisions of other Acts and the common law, in so far as these are applicable, apply to an offence to which this section applies as if it had been committed within the State (for example, section 344A and the rules of law relating to attempts to commit offences apply to such an offence).
(5)  This section is in addition to and does not derogate from any other basis on which the courts of the State may exercise criminal jurisdiction.
Division 4 Bomb and other hoaxes
93Q   Conveying false information that a person or property is in danger
(1)  A person who conveys information:
(a)  that the person knows to be false or misleading, and
(b)  that is likely to make the person to whom the information is conveyed fear for the safety of a person or of property, or both,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(2)  This section extends to conveying information by any means including making a statement, sending a document, or transmitting an electronic or other message.
(3)  In this section, a reference to the safety of a person includes the safety of the person who conveys the information and the person to whom it is conveyed.
93R   Leaving or sending an article with intent to cause alarm
(1)  A person:
(a)  who leaves in any place, or sends by any means, a substance or article, and
(b)  who intends to induce a false belief that the substance or article is likely to be a danger to the safety of a person or of property, or both,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(2)  For the purposes of this section, a false belief that a substance or article is likely to be a danger includes a false belief that the substance or article is likely to explode, ignite, or contain, consist of or discharge a dangerous matter.
Division 5 Criminal groups
93S   Definitions
(1)  In this Division:
criminal group means a group of 3 or more people who have as their objective or one of their objectives:
(a)  obtaining material benefits from conduct that constitutes a serious indictable offence, or
(b)  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
(c)  committing serious violence offences, or
(d)  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 has the same meaning as it has in Division 8A of Part 3.
serious violence offence means an offence punishable by imprisonment for life or for a term of 10 years or more, where the conduct constituting the offence involves:
(a)  loss of a person’s life or serious risk of loss of a person’s life, or
(b)  serious injury to a person or serious risk of serious injury to a person, or
(c)  serious damage to property in circumstances endangering the safety of any person, or
(d)  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).
(2)  A group of people is capable of being a criminal group for the purposes of this Division whether or not:
(a)  any of them are subordinates or employees of others, or
(b)  only some of the people involved in the group are involved in planning, organising or carrying out any particular activity, or
(c)  its membership changes from time to time.
93T   Participation in criminal groups
(1)  A person who participates in a criminal group is guilty of an offence if the person:
(a)  knows, or ought reasonably to know, that it is a criminal group, and
(b)  knows, or ought reasonably to know, that his or her participation in that group contributes to the occurrence of any criminal activity.
Maximum penalty: Imprisonment for 5 years.
(1A)  A person who participates in a criminal group by directing any of the activities of the group is guilty of an offence if the person:
(a)  knows that it is a criminal group, and
(b)  knows, or is reckless as to whether, that participation contributes to the occurrence of any criminal activity.
Maximum penalty: Imprisonment for 10 years.
(2)  A person who assaults another person, intending by that action to participate in any criminal activity of a criminal group, is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(3)  A person who destroys or damages property belonging to another person, or threatens to destroy or damage property belonging to another person, intending by that action to participate in any criminal activity of a criminal group, is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(4)  A person who assaults 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, is guilty of an offence.
Maximum penalty: Imprisonment for 14 years.
(4A)  A person who participates in a criminal group whose activities are organised and on-going by directing any of the activities of the group is guilty of an offence if the person:
(a)  knows that it is a criminal group, and
(b)  knows, or is reckless as to whether, that participation contributes to the occurrence of any criminal activity.
Maximum penalty: Imprisonment for 15 years.
(5)  For the purposes of this section, 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:
(a)  as a consequence of, or in retaliation for, actions undertaken by that law enforcement officer in the execution of the officer’s duty, or
(b)  because the officer is a law enforcement officer.
93TA   Receiving material benefit derived from criminal activities of criminal groups
(1)  A person who receives from a criminal group a material benefit that is derived from the criminal activities of the criminal group is guilty of an offence if the person:
(a)  knows that it is a criminal group, and
(b)  knows, or is reckless as to whether, the benefit is derived from criminal activities of the criminal group.
Maximum penalty: Imprisonment for 5 years.
(2)  In this section, a material benefit derived from the criminal activities of a criminal group is a material benefit derived or realised, or substantially derived or realised, directly or indirectly, from the criminal activities of a group.
93U   Alternative verdicts
(1)  If, on the trial of a person for an offence under section 93T (1A), (2), (3), (4) 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 93T (1), it may find the accused not guilty of the offence charged but guilty of an offence under section 93T (1), and the accused is liable to punishment accordingly.
(2)  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.
Division 6 Unlawful gambling
93V   Offence of conducting unlawful gambling operation
(1)  A person who conducts an unlawful gambling operation is guilty of an offence.
Maximum penalty: 1,000 penalty units or imprisonment for 7 years (or both).
(2)  For the purposes of subsection (1), an unlawful gambling operation means an operation involving at least 2 of the following elements (one of which must be paragraph (d)):
(a)  the keeping of at least 2 premises (whether or not either or both are gambling premises) that are used for the purposes of any form of gambling that is prohibited by or under the Unlawful Gambling Act 1998,
(b)  substantial planning and organisation in relation to matters connected with any such form of prohibited gambling (as evidenced by matters such as the number of persons, and the amount of money and gambling turnover, involved in the operation),
(c)  the use of sophisticated methods and technology (for example, telephone diverters, telecommunication devices, surveillance cameras and encrypted software programs) in connection with any such form of prohibited gambling or in avoiding detection of that gambling,
(d)  a substantial loss of potential revenue to the State that would be derived from lawful forms of gambling.
(3)  In any proceedings for an offence under this section, evidence that persons have been in regular attendance at premises suspected of being used for the purposes of any form of gambling that is prohibited by or under the Unlawful Gambling Act 1998 is relevant to the matters referred to in subsection (2) (a) or (b).
(4)  In this section:
conduct includes organise or manage.
gambling premises has the same meaning as in the Unlawful Gambling Act 1998.
Division 7 Consorting
93W   Definitions
In this Division:
consort means consort in person or by any other means, including by electronic or other form of communication.
convicted offender means a person who has been convicted of an indictable offence (disregarding any offence under section 93X).
93X   Consorting
(1)  A person who:
(a)  habitually consorts with convicted offenders, and
(b)  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.
Maximum penalty: Imprisonment for 3 years, or a fine of 150 penalty units, or both.
(2)  A person does not habitually consort with convicted offenders unless:
(a)  the person consorts with at least 2 convicted offenders (whether on the same or separate occasions), and
(b)  the person consorts with each convicted offender on at least 2 occasions.
(3)  An official warning is a warning given by a police officer (orally or in writing) that:
(a)  a convicted offender is a convicted offender, and
(b)  consorting with a convicted offender is an offence.
93Y   Defence
The following forms of consorting are to be disregarded for the purposes of section 93X if the defendant satisfies the court that the consorting was reasonable in the circumstances:
(a)  consorting with family members,
(b)  consorting that occurs in the course of lawful employment or the lawful operation of a business,
(c)  consorting that occurs in the course of training or education,
(d)  consorting that occurs in the course of the provision of a health service,
(e)  consorting that occurs in the course of the provision of legal advice,
(f)  consorting that occurs in lawful custody or in the course of complying with a court order.