Our experienced criminal law solicitors have prepared a brief overview of the law relating to Habitually Consorting with A Recognised Offender.
If you or someone you care about is facing a Habitually Consorting allegation, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on other drug charges, visit our OMCG & SERIOUS OFFENCES HOMEPAGE.
Habitually Consorting – The Law
Section 77B of the Criminal Code of Queensland 1899 creates the offence of Habitually Consorting with Recognised Offender. The section provides:
A person commits a misdemeanour if—
(a) the person habitually consorts with at least 2 recognised offenders, whether together or separately; and
(b) at least 1 occasion on which the person consorts with each recognised offender mentioned in paragraph (a) happens after the person has been given an official warning for consorting in relation to the offender.
Elements of the offence
To be found guilty of the offence of Habitually Consorting with Recognised Offender the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- That the conduct was habitual consorting;
- The conduct occurred with each recognised offender; and
- The consorting was after the person was served with an ‘official warning’.
Consorting
“consorts” with another person if the person associates with the other person in a way that involves seeking out, or accepting, the other person’s company.
- The person’s association with the other person need not have a purpose related to criminal activity.
- It does not matter whether the person’s association with the other person happens in person or in another way, including, for example, electronically.
Recognised Offender
“recognised offender” means an adult who has a recorded conviction, other than a spent conviction for a relevant offence (whether on indictment or summary conviction).
Relevant Offence
“relevant offence” means—
(a) an indictable offence for which the maximum penalty is at least 5 years imprisonment, including an offence against a repealed provision of an Act; or
(b) an offence against specific provisions (see here)
Maximum Penalty
- The maximum penalty for the offence of habitually consorting is 3 years imprisonment or 300 penalty units.
Jurisdiction – Where will the matter be heard?
The offence of habitually consorting is misdemeanour. The matter will be heard in the Magistrates Court of Queensland.
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of possessing a dangerous drug. Generally a conviction would not be recorded for this type of offence, if it was a first offence and the possession was not for a commercial purpose. The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992. If you are concerned about a conviction being recorded you should seek legal advice.
For legal advice specific to your matter, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.