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.

  • S.93T(1) – A person must not participate in a criminal group. A person participates in a criminal group if that person knows or ought reasonably to know that the group is a criminal group, and knows, or ought reasonably to know, that his or her participation in that group contributes to the occurrence of any criminal activity.
  • Maximum penalty – 5 years imprisonment.
  • 93T(1A) – A person must not participate in a criminal group by directing any of the group’s activities. The person must know the group is a criminal group and know or be reckless as to whether his/her participation contributes to the occurrence of any criminal activity.
  • Maximum penalty – 10 years imprisonment.
  • 93T(4A) – A person must not participate in a criminal group whose activities are organised and on-going by directing any of the group’s activities if that person knows the group is a criminal group, and knows, or is reckless as to whether, that participation contributes to the occurrence of any criminal activity.
  • Maximum penalty – 15 years imprisonment.
  • 93TA(1) – A person must not receive from a criminal group a material benefit derived from the group’s criminal activities. The person must know the group is a criminal group, and know, or be reckless as to whether, the material benefit is derived from the group’s criminal activities.
  • Maximum penalty – 5 years imprisonment.
  • S. 93TA(2) “Derived” means “derived or realised, or substantially derived or realised, directly or indirectly” from the criminal activities of a group.

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:

  • 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 violence offence.

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:

  1. 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;
  2. 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;
  3. 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
  4. 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.