Posted: September 8th, 2015

Crimes Act.

In 2012, the NSW government’s new consorting offence s93X(1) Crimes Act 1900 (NSW) came into effect.
This offence makes it criminal for a person to habitually consort with convicted offenders after having been given an official warning in relation to those offenders.
The Ombudsman is required to undertake a three year review of the provisions, and is expected to release their final report in the near future.

You are required to write a submission to the NSW Legislative Council Standing Committee on Law and Justice, on behalf of the Sydney Institute of Criminology, that critically assesses the offence. Your submission must address the following:
• Identify and analyse the elements of the s93X offence.
Section 93X Consorting (1) 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.
Maximum penalty: Imprisonment for 3 years, or a fine of 150 penalty units, or both.
(2) 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.
(3) An official warning is a warning given by a police officer (orally or in writing) that:
(a) a convicted offender is a convicted offender, and (b) consorting with a convicted offender is an offence.
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