CRIMES (SENTENCING) ACT 2005 - SECT 61I Court decision—in connection with criminal group

CRIMES (SENTENCING) ACT 2005 - SECT 61I

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

    (2)     The court may be satisfied the offender committed the schedule offence in connection with a criminal group if the offender committed the offence—

        (a)     for the benefit of the criminal group or at least 2 people in the group; or

        (b)     at the direction of a person in the criminal group; or

        (c)     to further the objectives of the criminal group.

    (3)     When making the decision, the court must—

        (a)     apply the rules of evidence; and

        (b)     be satisfied beyond reasonable doubt.

    (4)     The court must record the reasons for its decision only if the court decides that the offender committed the schedule offence in connection with a criminal group.

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