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Group Offending

Group Offending. By Kevin and Ican. Legal Aid Workshops. Lawyers in the NSW Children’s Court observed that many young people do not understand the seriousness of group offences. This was supported by a survey of 3500 young people and youth workers in 2007

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Group Offending

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  1. Group Offending By Kevin and Ican

  2. Legal Aid Workshops • Lawyers in the NSW Children’s Court observed that many young people do not understand the seriousness of group offences. This was supported by a survey of 3500 young people and youth workers in 2007 • 79% believed common assault was more serious than robbery in company • Only 22% understood joint criminal enterprise and common purpose legal concepts • Where a group assault takes place and the victim subsequently dies, 55% of young people were certain that only the individual who caused that injury would be charged with murder and the others were only guilty of an ‘assault’

  3. Group behaviour and criminal responsibility • Example 1: s154A Crimes Act NSW 1900- taking a conveyance without consent of owner. • Many young people believe that only person who actual stole the vehicle is guilty- not participants who ‘ride’ as passengers • Exampl2 2: s527C Crimes Act NSW 1900- persons unlawfully in possession of property • (goods in custody)- many young people expressed a belief that they could not be charged unless there was proof of direct involvement in stealing (or unlawfully obtaining) the goods.

  4. Joint Criminal Enterprise • Joint Criminal Enterprise is an area of law used to prosecute young offenders in the Children’s Court. • It targets all offences especially robbery offences, break and enters and serious group assaults. • If they are found to have acted as part of a joint criminal enterprise, then all members are liable for the same penalty.

  5. Test for being in a joint criminal enterprise • If they were present during the commission of the offence • They were aware of what was going on • There was an agreement or understanding between members to commit the offence

  6. Common Purpose / ‘Extended’ Joint Criminal Enterprise • When the members of the joint criminal enterprise agreed to commit a crime, but a further offence is committed without it being planned, are all members accountable? • All members are accountable if: • If it was originally a joint criminal enterprise • The further offence rises out of the original • The further offence was foreseeable Then each member of the group risks being charged for this further offence. This is known as common purposes or ‘extended’ joint criminal enterprise.

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