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Participation in a criminal group is an offence under section 93T of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison
To establish the offence, the prosecution must prove beyond reasonable doubt that:
The maximum penalty increases to 10 years where:
A 10 year maximum is also applicable where:
The penalty increases to a maximum of 14 years where the person assaulted was a law enforcement officer in the execution of his or her duty.
Or to 15 years where:
A ‘criminal group’ is one which is comprised of 3 or more people whose objective is to:
A ‘serious indictable offence’ is one that carries a maximum penalty of at least 5 years in prison
A ‘serious violence offence’ is one punishable by at least 10 years which involves:
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