The offence of participation in a criminal group under s 93T of the Crimes Act 1900 (NSW) (as it stood before the 2012 amendments) does not require proof that the accused knew the identity of every member of the group; it is sufficient to prove the accused knew he was participating in a group of at least three people with the relevant shared criminal objective. The use of unguarded incriminating remarks overheard by police during the execution of a search warrant is not inherently unfair under s 90 of the Evidence Act 1995 (NSW). Leave to appeal on an unreasonable verdict ground will be refused where the ground is added as a catch-all without discrete reasoned argument.
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