What is Use Carriage Service to Menace, Harass or Cause Offence?
In late 2006, New South Wales became the first state in Australia to introduce specific offences aimed at criminalising the participation in a criminal organisation.
Common examples of where a person’s prospects of successfully defending the charge are increased include where the prosecution is reliant on the testimony of one witness or circumstantial surveillance.
The Law
The offence of Participating in a Criminal Group is found at section 93T of the Crimes Act 1900 and is as follows.
Jurisdiction / Case Law
Depending on which section you are charged with Participating in a Criminal Group is what is known as either a Table 1 or 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 by the Department of Public Prosecutions (DPP) or in certain circumstances on election by the accused person.
ln New South Wales, Criminal Groups are defined as groups of three or more people who have as one of their objectives to obtain material benefits from serious indictable offences (s93IJ( I )(a) and (b)) Crimes Act 1900 (NSW) or to commit serious violence offences (s93IJ(l)(c) and (d)) Crimes Act 1900 (NSW) .
What must the prosecution prove?
Since Participating in a Criminal Group 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.
To establish the Participating in a Criminal Group offence, the prosecution must prove each of the following matters beyond 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 threaten 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 on-going 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.
Criminal Group means a group of three (3) or more people who have as their objective:
If you are charged with the offence of Participating in a Criminal Group, what are your options?
National Criminal Lawyers (NCL) have been successful in defending a large number of Participating in a Criminal Group charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.
It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.
Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.
NCL offer the following options for those who have been charged with Participating in a Criminal Group:
- We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
- NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
- Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
- Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.
Please contact us now for more information about your options.
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 ensure 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 is 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 the best result available.