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Contents (1900 - 40)
Crimes Act 1900 No 40
Current version for 25 September 2017 to date (accessed 18 December 2017 at 10:37)
Part 3A Division 5
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.