Consorting (NSW)

In New South Wales it is an offence to ‘Consort’ with a convicted offender where an official warning has previously been given against such. Police are empowered to issue an official warning to a person who is consorting (associating or dealing with) with a person who is a convicted offender. The maximum penalty for the offence is 3 years imprisonment and/or a fine of 150 penalty units or both.

What is Consorting?

Consorting means to associate or deal with another person. The offence of Consorting has a specific meaning and involves consorting with a convicted offender after having been officially warned by police not to do so.

The offence of Consorting is contained in section 93X of the Crimes Act 1900 (NSW) and states:

A person who:

• habitually consorts with convicted offenders; and
• consorts with those convicted offenders after having been given an official warning in relation to each of those convicted offenders.

is guilty of an offence.

Maximum penalty: Imprisonment for 3 years, or a fine of 150 penalty units, or both.

The legislation further provides that a person will only “habitually consort” with a convicted offender if they consort with at least 2 convicted offenders (whether on the same or separate occasions) and does so with each offender on at least 2 occasions. 

A convicted offender is someone who has been convicted of a serious indictable offence, that is an offence which carries a maximum penalty of imprisonment of five years or more. The warning from the police can be verbal or written but must include information that the person is a convicted offender and that it is an offence to consort with them.

The following acts may constitute Consorting:

• meeting up with a group of bikers on a weekly basis after having been given written warnings in relation to each of them; or
• employing several people who are seen on a weekly basis and whom in relation to which police have verbally warned are repeat fraud offenders and warned you against consorting with them.

What Must be Proven?

For a person to be found guilty of Consorting the prosecution must prove each of the following matters beyond a reasonable doubt:

• that they were given an official warning against consorting with particular persons;
• that they consorted with two or more of those persons;
• that they did so on two or more occasions with each of those persons;
• that the persons have been convicted of serious indictable offences; and
• that they had no lawful excuse for consorting with these people.

If the prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Table 2 offence, which means that it will be dealt with in the Local Court unless the Prosecution elects to have the matter dealt with in the District Court.

Possible Defences to Consorting

The following defences may be available for a Consorting charge:

• that the warning was not issued by police, or was not issued validly;
• that the person charged was not consorting with two or more people;
• that the person charged was not consorting on 2 or more occasions;
• that the persons with whom the person was allegedly consorting with had not been convicted of serious indictable offences; 
• that there was a lawful excuse; or
• to raise the defence of duress or necessity.

Common Questions about Consorting

Will I receive a criminal conviction?

Where a person pleads guilty or is found guilty, a conviction and criminal record for this offence is very likely. If a person was to plead not guilty and was acquitted, they would not receive a conviction. 

In NSW, a Court can impose any of the following penalties for a Consorting charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what a person does for a living. Some jobs require no criminal convictions and a conviction for Consorting might jeopardise a person’s employment or make it difficult to obtain visas for overseas travel. A conviction for an offence of Consorting can completely rule out certain career paths.

Will I go to Gaol for a Consorting charge?

Potentially. Whether a person will receive a Gaol sentence depends on many factors including whether they plead or are found guilty, the circumstances of the offence itself, any prior criminal history and the person’s own circumstances. 

Consorting is a serious offence and a gaol sentence may be imposed, particularly if the person has a prior criminal history or has been to gaol before. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.