sec.161QMeaning of serious organised crime circumstance of aggravation

### sec.161Q Meaning of serious organised crime circumstance of aggravation 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— was a participant in a criminal organisation; and knew, or ought reasonably to have known, the offence was being committed— at the direction of a criminal organisation or a participant in a criminal organisation; or 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 for the benefit of a criminal organisation. 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. 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. s 161Q ins 2016 No. 62 s 279 (sec.161Q-ssec.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— was a participant in a criminal organisation; and knew, or ought reasonably to have known, the offence was being committed— at the direction of a criminal organisation or a participant in a criminal organisation; or 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 for the benefit of a criminal organisation. (sec.161Q-ssec.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. (sec.161Q-ssec.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. - (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. - (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. - (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.