Section 93Y Crimes Act 1900 | Defence


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Section 93Y of the Crimes Act 1900 is Defence and is extracted below.

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The Legislation

Section 93Y of the Crimes Act 1900 deals with ‘Defence’ and reads as follows:

93Y Defence

(1) 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 or welfare 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,

(g) consorting that occurs in the course of complying with:

(i) an order granted by the Parole Authority, or

(ii) a case plan, direction or recommendation by a member of staff of Corrective Services NSW,

(h) consorting that occurs in the course of providing transitional, crisis or emergency accommodation.

(2) In this section:

“family member” includes, for a defendant who is an Aboriginal person or a Torres Strait Islander, a person who is or has been part of the extended family or kin of the defendant according to the indigenous kinship system of the defendant’s culture.

“health service” means:

(a) medical (including psychological), hospital, ambulance, paramedical, dental, community health or environmental health service, or

(b) another service:

(i) relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in, or injury to, persons (whether provided as a public or private service), and

(ii) that is of a class or description prescribed by the regulations.

“Parole Authority” means the State Parole Authority constituted by section 183 of the Crimes (Administration of Sentences) Act 1999 .

“welfare service” means a service (whether provided as a public or private service) relating to the provision of:

(a) housing, employment benefits, rental assistance or other financial assistance or family support, or

(b) another community welfare service necessary for the promotion, protection, development and maintenance of the well-being of persons, including any rehabilitation, counselling, drug or alcohol service.

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Being charged with a crime can have a detrimental impact on your life, career and your professional reputation.

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Our lawyers will carefully examine all the evidence in order to identify any possible weaknesses with the prosecution case.

Where problems are identified, our lawyers can write to police and push to have the charges dropped before your matter reaches a defended hearing.

Alternatively, if you wish to fight the charges in court, our senior lawyers will assist you in identifying and raising any possible defences.

Our experienced advocates will fight hard to win your case by presenting any favourable evidence in a compelling manner in court and casting doubt on the prosecution case.

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