Crimes (Sentencing) Act 2005

On application under section 61F (1) (b), the court must decide whether the offender committed the schedule offence while associated with a criminal group.

The court may be satisfied that the offender committed the schedule offence while associated with a criminal group if—

the offender—

recruited people to support or participate in the criminal group; or

engaged in conduct that supported the criminal group; or

occupied a position of management or leadership in the criminal group; or

was able to direct the activities of the criminal group; or

the offender identified themselves in some way as being associated with the criminal group even if the offender was not—

a member of the group; or

recognised as associated with the group by the group or a member of the group.

When making the decision, the court must—

apply the rules of evidence; and

be satisfied beyond reasonable doubt.

The court must record the reasons for its decision only if the court decides that the offender committed the schedule offence while associated with the criminal group.

Failure to comply with subsection (4) does not invalidate the decision or the sentence the court imposes on the offender.