Other Criminal Offences – VIC
The Law – Consorting
What the Law States
Summary Offences Act 1966 – SECT 49F
(1) A person must not, without reasonable excuse, habitually consort with a person who has been found guilty of, or who is reasonably suspected of having committed, an organised crime offence.
Penalty: 2 years imprisonment.
(2) The defendant bears the burden of proving reasonable excuse for habitual consorting to which a charge of an offence against subsection (1) relates.
(3) In this section-
organised crime offence means an indictable offence against the law of Victoria, irrespective of when the offence was or is suspected to have been committed, that is punishable by level 5 imprisonment (10 years maximum) or more and that-
(a) involves 2 or more offenders; and
(b) involves substantial planning and organisation; and
(c) forms part of systemic and continuing criminal activity; and
(d) has a purpose of obtaining profit, gain, power or influence.
Maximum Penalty – Consorting
What the Police must prove – Consorting
1. That the accused regularly associates with a person who is, or is suspected of being involved in organised crime.
1. Factual dispute
2. Lack of knowlegde
3. Reasonable excuse
Which court will hear the matter