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:
- You received a material benefit from a criminal group
- You knew it was a criminal group, and
- 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:
- 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
- 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:
- The loss of a person’s life or serious risk thereof
- Serious injury to a person or serious risk thereof
- Serious damage to property where a person’s safety is endangered, or
- 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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