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PENALTIES AND SENTENCES ACT 1992 - SECT 161Q
Meaning of serious organised crime circumstance of aggravation
(1) It is a circumstance of aggravation (a
"serious organised crime circumstance of aggravation" ) for a prescribed
offence of which an offender is convicted that, at the time the offence was
committed, or at any time during the course of the commission of the offence,
the offender— (a) was a participant in a criminal organisation; and
(b)
knew, or ought reasonably to have known, the offence was being committed—
(i) at the direction of a criminal organisation or a participant in a criminal
organisation; or
(ii) in association with 1 or more persons who were, at the
time the offence was committed, or at any time during the course of the
commission of the offence, participants in a criminal organisation; or
(iii)
for the benefit of a criminal organisation.
(2) For subsection (1) (b) , an
offence is committed for the benefit of a criminal organisation if the
organisation obtains a benefit, directly or indirectly, from the commission of
the offence.
(3) To remove any doubt, it is declared that a criminal
organisation mentioned in subsection (1) (b) need not be the criminal
organisation in which the offender was a participant.
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