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.
A person does NOT habitually consort with convicted offenders unless--
(a) the person consorts with at least 2 convicted offenders (whether on the same or separate occasions), and
(b) the person consorts with each convicted offender on at least 2 occasions.
The nature and elements of consorting were considered in Johanson v Dixon(1979) 143 CLR 376 which held that 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.
Therefore, consorting is when you on a regular basis (at lease 2 occassions), associate with someone who the Police think is involved in organised crime or who has been convicted of an organised crime offence.
Police must give you one warning before they can charge you with consorting.
Consorting can include:
Consorting can be punished with a prison sentence of up to 2 years (if heard in the Local Court) or up to 3 years (If heard in the District Court) or a fine of 16,500, or both.
Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.
In NSW, a court can impose any of the following penalties for a Consorting charge:
Since consorting is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove each of the following matters beyond reasonable doubt:
Some of the possible defences available for those charged with consorting can include:
If the defendant satisfies the court that the consorting was reasonable in the circumstances, then they will be found not guilty:
For Consorting, Rep-Revive Criminal Lawyers® offers the following options:
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There are several reasons to engage Rep-Revive Criminal Lawyers®:
At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner.
Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.
Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.
Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years.
If you are caught up in this charge our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.