Other Criminal Offences – VIC

The Law – Consorting

What the Law States

Summary Offences Act 1966 – SECT 49F

49F. Consorting

(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

2 years

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.

Possible Defences

1. Factual dispute
2. Lack of knowlegde
3. Reasonable excuse

Which court will hear the matter

Magistrates’ Court