Consorting with a convicted offender is an offence under section 93X of the Crimes Act 1900 which carries a maximum penalty of 3 years in prison
To establish the offence, the prosecution must prove beyond reasonable doubt that:
‘Consort’ means to associate with, whether in person or by any other means, including by electronic or any other form of communication
‘Habitually consort’ means to consort with at least two convicted offenders, whether on the same or separate occasions, and with each offender on at least two occasions
A ‘convicted offender’ is a person convicted of an ‘indictable offence’ which is one that can be dealt with in a higher court. This is usually applies to offences which carry a maximum penalty of more than 2 years in prison.
An ‘official warning’ is one given by a police officer, whether orally or in writing, to the effect that:
An official warning ceases to have effect 2 years after it was given, or 6 months after it was given in the case of a person under the age of 18
The following forms of consorting are to be disregarded:
The NSW Supreme Court has found that a “casual conversation on the street between two people” does not amount to consorting rather, there needs to be an “intentional seeking of something in the nature of companionship”
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