Criminal Lawyer Peter Proctor analyses NSW bikie laws and discusses how these new Organised Crime and Consorting Laws may affect normal citizens.
Bikie Laws - New consorting laws analysed
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A long time friend and client of justweb®, ex-Police Prosecutor and Criminal Defence Lawyer Peter
Proctor, writes about the new bikie laws in New South Wales relating to Criminal
Groups and Consorting.
Peter, the Principal Solicitor and Criminal Lawyer of Proctor and Associates at
Parramatta, has analysed the new Organised Crime and Consorting Laws that have
been passed by the NSW State Government and which commenced on 9th April, 2012.
Whereas I agree in principle that SOMETHING must be done to curtail the shootings
in our
streets, these laws, according to Peter's analysis, seem to leave the door wide
open to systemic abuse in the future. Anyway, read the summary below,
then read the whole article and make your own mind up.
If you have been spoken to by the Police in relation to such matters, if you
require legal advice, or you have been charged with a criminal offence, contact
Proctor & Associates:
The intent of this new legislation is aimed at more stringent controls
associated with "law and order" on the streets, particularly focusing on what
are described as Outlaw Motor Cycle Gangs (OMCGs). The problem with the
consorting laws is that innocent people can be caught in the web of the
Government's good intentions to clean up the streets.
The Crimes Amendment (Consorting and Organised Crime) Act 2012 deals with
offences involving criminal groups and those involving consorting.
Offences relating to criminal groups
Crimes Act - Part 3A - Division 5 - Criminal Groups
Consorting
The former offence of consorting in s.546A of the Crimes Act has been repealed
and a new offence has been inserted in Part 3A - Division 7.
The new offence of consorting - S. 93X(1) carries a maximum penalty of 3 years
imprisonment.
Defences
There is a Defence available under S.93Y which provides as follows...
More information can be found by visiting the full
NSW
Bikie Laws & Consorting article at the Proctor & Associates website.
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29.04.2012
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