Page 3559 - Week 10 - Tuesday, 25 August 2009
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The report proposes that the onus now will be on the individual to explain where he or she got that from and to demonstrate that he or she got it lawfully. That would be a useful piece of legislation and it is one that we would welcome.
The report discusses the concept of being knowingly concerned. I will not go into the detail. The New South Wales Court of Criminal Appeal has recently expressed some concerns. The report states:
Legislating for the concept of “knowingly concerned” would extend charging options where it is alleged more than one person was involved in the commission of an offence.
The report discusses the issue of affray. It states:
The ACT has never recognised the offence of affray in legislation. The conduct required to make out the offence of affray would, in the ACT, currently trigger police preventative powers under breach of peace. However, consideration could be given to introduction of a specific offence to cover the conduct as a breach of the peace is not a criminal offence, but rather a preventive power designed to stop the commission of offences.
The report seems to be saying that this could be introduced here in the ACT. The report goes on to state:
The ACT would benefit from considering the inclusion of a legislative amendment to the ACT Criminal Code to provide for the concept of joint criminal enterprise.
With regard to conspiracy, the report notes:
The ACT would benefit from participation in the review of the current provisions and examination of whether legislative amendment is required as a result of any recommendations …
With regard to consorting, the report simply notes that New South Wales legislation contains an offence for those who recruit people to carry out, but there is no equivalent in the ACT. With regard to participation in criminal groups, the report states:
… the Territory would benefit from consideration of the inclusion of a legislative amendment to criminalise both participation in criminal groups and recruiting people to carry out, or assist in carrying out, criminal activities.
With regard to the protection of people involved in legal proceedings, and that is intimidation of witnesses, the report states:
The ACT could benefit from consideration of the introduction of an offence which would include conduct directed at people who may report illegal acts committed against them, particularly perpetuated by those involved with serious organised crime.
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