Section 93S — Crimes Act 1900 (NSW)

(1) In this Division—
criminal group means a group of 3 or more people who have as their objective or one of their objectives—
(a) obtaining material benefits from conduct that constitutes a serious indictable offence, or
(b) obtaining material benefits from conduct engaged in outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious indictable offence, or
(c) committing serious violence offences, or
(d) engaging in conduct outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious violence offence.
law enforcement officer has the same meaning as it has in Division 8A of Part 3.
serious violence offence means an offence punishable by imprisonment for life or for a term of 10 years or more, where the conduct constituting the offence involves—
(a) loss of a person’s life or serious risk of loss of a person’s life, or
(b) serious injury to a person or serious risk of serious injury to a person, or
(c) serious damage to property in circumstances endangering the safety of any person, or
(d) perverting the course of justice (within the meaning of Part 7) in relation to any conduct that, if proved, would constitute a serious violence offence as referred to in paragraph (a), (b) or (c).
(2) A group of people is capable of being a criminal group for the purposes of this Division whether or not—
(a) any of them are subordinates or employees of others, or
(b) only some of the people involved in the group are involved in planning, organising or carrying out any particular activity, or
(c) its membership changes from time to time.

Related sections

• s 93P — Special provisions relating to geographical application of this Division
• s 93Q — Conveying false information that a person or property is in danger
• s 93R — Leaving or sending an article with intent to cause alarm
• s 93T — Participation in criminal groups
• s 93TA — Receiving material benefit derived from criminal activities of criminal groups
• s 93U — Alternative verdicts

Research how courts apply s 93S

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.