Section 93T Crimes Act | Participate in Criminal Group


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The Legislation

Section 93T of the Crimes Act is the offence of Participate in Criminal Group and is extracted below.

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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.