Participating in a Criminal Group
Our criminal lawyers are experts at defending charges related to organised crime. Participating in a criminal group is a serious criminal offence. The offences were introduced in recognition of the fact that crimes committed by gangs are a far greater threat to the safety and wellbeing of the community than most crimes committed by individuals acting alone.
We have a track record of beating criminal group charges because the evidence is often circumstantial and open to challenge. Often the police cannot prove there is a criminal group of 3 or more people and if they can, they often cannot prove our clients were aware of its existence.
If you intend to plead guilty, our criminal lawyers have a proven track record of not only keeping our clients out of gaol but also in some cases having no conviction recorded.
How do I beat a charge involving a criminal group?
You will be found not guilty of the offence of Participating in a criminal group if the police cannot prove beyond a reasonable doubt:
- You participate in a criminal group by directing any of the activities of the group; and
- You knew or ought to reasonably have known that you participated in a criminal group; and
- You knew, or ought reasonably to have known, that your participation in that group contributed to the occurrence of any criminal activity.
Or
- You participate in a criminal group by directing any of the activities of the group; and
- You know that it is a criminal group; and
- You know or is reckless as to whether that participation contributes to the occurrence of any criminal activity.
Or
- You assault another person, or destroy or damage property, or threatens to destroy or damage property; and
- Intend by that action to participate in any criminal activity of a criminal group.
Or
- You participate in a criminal group whose activities are organised and ongoing by directing any of the activities of the group; and
- You know that it is a criminal group; and
- You know or are reckless as to whether that participation contributes to the occurrence of any criminal activity.
A criminal group means a group of 3 or more people who have as their objective or one of their objectives:
- Obtaining material benefits from conduct that constitutes a serious indictable offence (offence carrying a maximum penalty of more than 5 years), or
- Obtaining material benefits from conduct engaged in outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious indictable offence, or
- Committing serious violence offences, or
- Engaging in conduct outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious violent offence.
Pleading Guilty
If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on sentence and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
Participating in a criminal group carries a maximum penalty of 2 years imprisonment in the Local Court. The maximum penalty in the District Court is between 5 and 15 years imprisonment depending on which offence under section 93T is alleged. However, these penalties are typically reserved for the worst offenders. Participating in a criminal group is a serious offence and if you are charged with it you should contact our office immediately.
You can read about all the sentencing options that a court has, including having no conviction recorded.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. See more about court processes including how to write a good character reference for court.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for participating in criminal group offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or gaol. To read more about Australian Criminal Law Group, click here.
To discuss your Participate in criminal group charges, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.
Case study
Mr Correy represented a man charged with 11 counts of fraud, 2 counts of participating in a criminal group and deriving profit from one, and knowingly dealing with proceeds of crime, which has a maximum penalty of 20 years imprisonment. Mr Correy had all the offences withdrawn and a new charge of dealing with money reasonably suspected of being proceeds of crime. The deal that Mr Correy got his client was better than all the co-Accused received. At sentence, the magistrate did not record a conviction.