Directing the activities of a criminal organisation is an offence under section 390.6(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You directed one or more activities of an organisation
- Your direction aided, or there was a risk it would aid, the organisation to engage in conduct that constituted an offence
- The organisation consisted of 2 or more persons
- The organisation’s aims or activities included facilitating engagement in conduct, or actually engaging in conduct, which constituted an offence for the benefit of the organisation
- That offence was a constitutionally covered offence carrying a maximum penalty of at least 3 years in prison, and
- The underlying offence was a constitutionally covered offence carrying a maximum penalty of at least 12 months in prison.
A ‘constitutionally covered offence’ is:
- An offence against the Commonwealth
- A state offence that has a federal aspect
- An offence against a territory, or
- A foreign offence which, if it occurred in Australia, would constitute an offence.
A ‘foreign offence’ is one against a foreign country or part thereof.
A ‘state offence has a federal aspect’ if:
- It is not an ancillary offence, and
- It would have been a valid law if enacted by the Commonwealth
Or:
- It is an ancillary offence that relates to a particular primary offence, and
- It would have been a valid law if enacted by the Commonwealth.
The definition includes a state offence that:
- Affects the interests of the Commonwealth, a Commonwealth body or constitutional corporation
- Is engaged in by a constitutional corporation or Commonwealth place
- Involves the use of a postal or like service, or an electronic communication
- Involves trade or commerce with other countries, between states or territories, or within a territory
- Involves banking or insurance
- Relates to an international agreement to which Australia is a party, or
- Relates to a matter affecting relations between Australia and another country, or is otherwise a subject of international concern.
An ‘ancillary offence’ is:
- Conspiring to commit the primary offence
- Aiding, abetting, counselling, procuring or being knowingly concerned in the primary offence, or
- Attempting to commit the primary offence.
An ‘electronic communication’ is one that occurs by means of guided and/or unguided electromagnetic energy.
This includes phone calls, text messages and internet transmissions such as emails and social media posts and exchanges.
You may be found guilty even if your conduct did not actually aid the organisation.
Duress and necessity are defences to the charge.
Directing the activities of a criminal organisation is an offence under section 390.6(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You directed one or more activities of an organisation
- Your direction aided, or there was a risk it would aid, the organisation to engage in conduct that constituted an offence
- The organisation consisted of 2 or more persons
- The organisation’s aims or activities included facilitating engagement in conduct, or actually engaging in conduct, which constituted an offence for the benefit of the organisation
- That offence was a constitutionally covered offence carrying a maximum penalty of at least 3 years in prison, and
- The underlying offence was a constitutionally covered offence carrying a maximum penalty of at least 12 months in prison.
A ‘constitutionally covered offence’ is:
- An offence against the Commonwealth
- A state offence that has a federal aspect
- An offence against a territory, or
- A foreign offence which, if it occurred in Australia, would constitute an offence.
A ‘foreign offence’ is one against a foreign country or part thereof.
A ‘state offence has a federal aspect’ if:
- It is not an ancillary offence, and
- It would have been a valid law if enacted by the Commonwealth
Or:
- It is an ancillary offence that relates to a particular primary offence, and
- It would have been a valid law if enacted by the Commonwealth.
The definition includes a state offence that:
- Affects the interests of the Commonwealth, a Commonwealth body or constitutional corporation
- Is engaged in by a constitutional corporation or Commonwealth place
- Involves the use of a postal or like service, or an electronic communication
- Involves trade or commerce with other countries, between states or territories, or within a territory
- Involves banking or insurance
- Relates to an international agreement to which Australia is a party, or
- Relates to a matter affecting relations between Australia and another country, or is otherwise a subject of international concern.
An ‘ancillary offence’ is:
- Conspiring to commit the primary offence
- Aiding, abetting, counselling, procuring or being knowingly concerned in the primary offence, or
- Attempting to commit the primary offence.
An ‘electronic communication’ is one that occurs by means of guided and/or unguided electromagnetic energy. This includes phone calls, text messages and internet transmissions such as emails and social media posts and exchanges.
You may be found guilty even if your conduct did not actually aid the organisation.
Duress and necessity are defences to the charge.
If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Directing Activities of Criminal Organisation matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.
The Legislation
390.6 Directing activities of a criminal organisation
(1) A person commits an offence if:
(a) the person directs one or more activities of an organisation; and
(b) either:
(i) the activity or activities directed aid; or
(ii) there is a risk that the activity or activities directed will aid;
the organisation to engage in conduct constituting an offence against any law; and
(c) the organisation consists of 2 or more persons; and
(d) the organisation’s aims or activities include facilitating the engagement in conduct, or engaging in conduct, constituting an offence against any law that is, or would if committed be, for the benefit of the organisation; and
(e) the offence against any law mentioned in paragraph (d) is an offence against any law punishable by imprisonment for at least 3 years; and
(f) the offence against any law mentioned in paragraph (b) is a constitutionally covered offence punishable by imprisonment for at least 12 months.
Penalty: Imprisonment for 10 years.
(2) A person commits an offence if:
(a) the person directs one or more activities of an organisation; and
(b) the activity or activities directed constitute an offence against any law; and
(c) the organisation consists of 2 or more persons; and
(d) the organisation’s aims or activities include facilitating the engagement in conduct, or engaging in conduct, constituting an offence against any law that is, or would if committed be, for the benefit of the organisation; and
(e) the offence against any law mentioned in paragraph (d) is an offence against any law punishable by imprisonment for at least 3 years; and
(f) the offence against any law mentioned in paragraph (b) is a constitutionally covered offence punishable by imprisonment for at least 12 months.
Penalty: Imprisonment for 15 years.
(3) Absolute liability applies to paragraphs (1)(e) and (f) and (2)(e) and (f).
Note: For absolute liability, see section 6.2.
(4) To avoid doubt, the person may be convicted of an offence against subsection (1) because of a risk that the activity or activities directed will aid the organisation as described in paragraph (1)(b) even if the activity or activities do not actually aid the organisation in that way.
Why Choose Sydney Criminal Lawyers®?
Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.
Here are 12 reasons to choose our multi-award winning legal team:
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Proven Track Record of Exceptional Results
Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.
Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.
Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.
We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.
Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
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Highest Level of Client Satisfaction
We have the best and most comprehensive client review record of any law firm in Australia.
Regular communication, accessibility and quality service are our team’s highest priorities.
We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.
We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
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Australia’s Most Awarded Criminal Law Firm
We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.
The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.
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Fixed Fees
We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.
We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.
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Free First Appointment
For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.
We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.
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Specialist Lawyer Guarantee
We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.
This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.
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All NSW Courts
From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.
And we offer fixed fees for most criminal and traffic law cases throughout the state.
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Accredited Specialists
Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.
An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.
Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.
Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.
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Results-Focused Law Firm
Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.
The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.
Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.
No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.
The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.
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Team of Lawyers Behind You
Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.
Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.
A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.
In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.
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Familiar with Magistrates and Judges
Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.
Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.
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Convenience
We have offices in locations across the Sydney Metropolitan Area and beyond, including:
We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.
For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.
If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.