Please attached a recent decision from South Australia’s highest Court in respect of sentencing considerations for Outlaw Motorcycle Gang Members, Prospects / Nominess AND associates. Very good decision in terms of the factors which should be considered.
Significantly, the judges held:
1. Both personal and general deterrence are significant considerations when sentencing for the offence of participating in a criminal organisation (per Kourakis CJ at [2], per Nicholson J at [20]).
2. The fact that a person is a member, nominee or an associate of an outlaw motorcycle gang may of itself support a conclusion that he or she is of bad character with poor prospects for rehabilitation and an enhanced need for personal deterrence, notwithstanding an otherwise moderate or good prior criminal record (per Kourakis CJ at [2], per Nicholson J at [23]-[24]).
1. Allegiance to a violent criminal organisation is highly significant in sentencing an offender who identifies with an outlaw motorcycle gang as it is relevant to culpability, general and specific deterrence, punishment and rehabilitation. The gang culture of violence and adherence to criminal activities warrants significant weight being placed on general deterrence. Specific deterrence must be given significant weight in sentencing a gang member who freely associates with this culture.
Obiter per Kourakis CJ
Feel free to share with your prosecutors!
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/sa/SASCFC//2018/94.html
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