Our experienced criminal law solicitors have prepared a brief overview of the law relating to Recruiting person to become member of a criminal organisation. If you or someone you care about is facing a Recruiting person to become member of a criminal organisation allegation, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on other OMCG charges, visit our OMCG & SERIOUS OFFENCES HOMEPAGE.
Recruiting person to become member of a criminal organisation – The Law
Section 76 of the Criminal Code of Queensland 1899 creates the offence of Recruiting person to become member of a criminal organisation
A person who— (a) is a participant in a criminal organisation or is subject to a control order or a registered corresponding control oder; andSection 76 Criminal Code Qld
(b) recruits or attempts to recruit, another person to become, or associate with, a participant in a criminal organisation;
Elements of the offence
To be found guilty of the offence of Recruiting person to become member of a criminal organisation the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- That the person is a participant in a criminal organisation or subject to a control order
- The person recruits another to become or associate with a participant in the criminal organisation
“criminal organisation” is a group of 3 or more persons, whether arranged formally or informally—
(a) who engage in, or have as their purpose (or 1 of their purposes) engaging in, serious criminal activity; and
(b) who, by their association, represent an unacceptable risk to the safety, welfare or order of the community.
A court sentencing an offender for an indictable offence may make a control order for the offender the court is satisfied the offender was, at the time the offence was committed, or at any time during the course of the commission of the offence, a participant in a criminal organisation and the court considers that making the order is reasonably necessary to protect the public by preventing, restricting or disrupting the offender’s involvement in serious criminal activity.
A Control Order can also be made following a conviction for consorting in a similar basis.
“recruit” , a person to become, or associate with, a participant in a criminal organisation, includes counsel, procure, solicit, incite and induce the person, including by promoting the organisation, to become, or associate with, a participant in the organisation.
- The maximum penalty for the offence of Recruiting person to become member of a criminal organisation is 5 years imprisonment
Jurisdiction – Where will the matter be heard?
The offence of Recruiting person to become member of a criminal organisation is a misdomeaner. 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 Recruiting person to become member of a criminal organisation. 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.
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This website contains general information about legal matters. The information is not advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.
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