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Receiving a Benefit from a Criminal Group

Receiving a Benefit from a Criminal Group is an offence under Section 93TA 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:

  1. You received a material benefit from a criminal group
  2. You knew it was a criminal group, and
  3. You knew the benefit was derived from criminal activities of the group, or were reckless in that regard

A ‘criminal group’ is one comprised of 3 or more people whose objective is to:

  1. Obtain material benefits from conduct that constitutes a ‘serious indictable offence’, including conduct outside NSW which would be such an offence if committed within the state, or
  2. Commit ‘serious violence offences’, including conduct outside NSW which would be such offences if committed within the state

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:

  1. The loss of a person’s life or serious risk thereof
  2. Serious injury to a person or serious risk thereof
  3. Serious damage to property where a person’s safety is endangered, or
  4. Perverting the course of justice in a case involving any of the above

‘Derived’ means realised, or substantially realised, directly or indirectly, from the criminal activities of the group.

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