Section 351A Crimes Act | Recruiting Persons for Criminal Activity


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If you recruit or enlist the assistance of another person to carry out a serious indictable offence, you could be charged under s 351 of the Crimes Act 1900 (NSW).

The maximum penalty for this offence under the law is 7 years imprisonment.

A serious indictable offence is one which must be dealt with in a higher court such as the District Court and which carries a penalty of at least 5 years imprisonment.

In cases where the person enlisted is a child (in other words, a person under the age of 18), the offence is taken more seriously and carries a harsher maximum penalty of 10 years imprisonment.

While these are understandably very heavy penalties, our experienced criminal defence team can advise you of any positive steps that you can take to fight the charges and escape a conviction.

The Legislation

Section 351A deals with the offence of “recruiting persons to engage in criminal activity” and reads as follows:

351A Recruiting persons to engage in criminal activity

(1) A person (not being a child) who recruits another person to carry out or assist in carrying out a criminal activity is guilty of an offence. Maximum penalty: Imprisonment for 7 years.

(2) A person (not being a child) who recruits a child to carry out or assist in carrying out a criminal activity is guilty of an offence. Maximum penalty: Imprisonment for 10 years.

(3) In this section:“Child” means a person under the age of 18 years. “Criminal activity” means conduct that constitutes a serious indictable offence. “Recruit” means counsel, procure, solicit, incite or induce.

Why Sydney Criminal Lawyers?

Being charged with a criminal offence such as “recruiting persons to engage in criminal activity” is often a daunting and confronting experience.

However, you can trust our expert lawyers to guide you through every step of the court process and dedicate the time and effort to ensure that you understand your rights and options.

As a firm that specialises in criminal law, we have the specialist knowledge and insight necessary to obtain a positive outcome in your case.

Our experts have successfully defended and won these types of cases, and we pride ourselves on our unparalleled ability to achieve outstanding outcomes in every case.

If you have been charged with “recruiting persons to engage in criminal activity,” our lawyers will work hard to have the charges dropped at an early stage by carefully examining all the evidence to find problems with the prosecution case.

Where problems are identified, we can write to police explaining your side of the story and ask to have the charges dropped on this basis.

However, should your matter proceed to court, you can rest assured that our lawyers will give you the strongest possible defence against the charges by preparing a strong case and raising any possible defences that may explain or justify your conduct.

Our highly respected advocates have a proven track record of getting charges dismissed as a result of their excellent advocacy and thorough work ethic.

We can also assist if you are simply wishing to plead guilty to the offence – in these cases, our lawyers will prepare effective sentencing submissions which focus on positive factors and reduce the seriousness of your actions.

So, if you are looking to achieve a favourable outcome in your “recruiting persons to engage in criminal activity” case, get the experts on your side today. Call us now on (02) 9261 8881 to book your free first conference with our expert defence team.