What is Consorting ?

Consorting is a charge laid when the Police think that you, on a regular basis, associate with someone who the Police think is involved in organised crime or who has been convicted of an organised crime offence. Before you can be charged with consorting the police must give you one warning.

Examples of Consorting include:

  • Your friend was convicted of organising illegal prostitution or pornography and you often speak to this friend;
  • The police think that your friend is involved in a drug gang and you often meet up with this friend; and/or

The police think that your friend is involved in an outlaw Motorcycle gang and you often meet up with this friend.

Case law/Jurisdiction
An offence of consorting is what is known as a Table 2 offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is made for trial on indictment.

The nature and elements of consorting were considered in Johanson v Dixon(1979) 143 CLR 376.

The word “consort” means to “associate “or “keeps company” and denotes some acceptance of the association. There is no need for the prosecution to prove any particular purpose of the consorting.

What must the prosecution prove?

Since consorting is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Consorting.

To establish consorting, the prosecution must prove each of the following matters beyond reasonable doubt:

    • You habitually consorted with a convicted offender; and
    • You did so after being given an “Official Warning” in relation to those convicted offenders

The Law

Section 93X of the Crimes Act 1900 (NSW) provides that a  person who:

(a) habitually consorts with convicted offenders ; and

(b) consorts with those convicted offenders after having been given an official warning in relation to each of those convicted offenders,is guilty of an offence.

If you are charged with the offence of consorting what are your options?

National Criminal Lawyers have been successful in defending a number of consorting charges where the prosecution could not establish each of the elements of the offence. We have also achieved a number of non-convictions for consorting charges.

NCL offer the following options for those who have been charged with consorting;

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”);
  2. NCL will Plead Not Guilty and go to hearing/trial;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing); and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf seeking a non-conviction by the Court.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any consorting offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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