PART 2CRIMINAL LAW

Serious organised crime

I130Directing serious organised crime

1

A person commits an offence by directing another person—

a

to commit a serious offence,

b

to commit an offence aggravated by a connection with serious organised crime under section 29.

2

A person commits an offence by directing another person to direct a further person to commit an offence mentioned in subsection (1).

3

For the purposes of subsections (1) and (2), a person directs another person to commit an offence if the person—

a

does something, or a series of things, to direct the person to commit the offence,

b

intends that the thing or things done will persuade the person to commit the offence, and

c

intends that the thing or things done will—

i

result in a person committing serious organised crime, or

ii

enable a person to commit serious organised crime.

4

The person directing the other person commits an offence under subsection (1) whether or not the other person in fact commits—

a

a serious offence, or

b

an offence aggravated by a connection with serious organised crime under section 29.

5

In this section “directing” a person to commit an offence includes inciting the person to commit the offence.

6

A person guilty of an offence under subsection (1) or (2) is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding 14 years or to a fine or to both,

b

on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both.