Participation in an organised criminal group (Section 98A Crimes Act 1961)

Charge 1: Participation in an organised criminal group under section 98A of the Crimes Act 1961

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. This is called the standard of proof. It means you must be sure that each element is proved.

1.	Are you sure that, between 27 June 2017 and 30 November 2018, there existed a group of three or more persons who shared the common objective of obtaining material benefits from the sale of cannabis?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith participated in that organised criminal group by renting the warehouse to Mr Brown?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that when Mr Smith rented the warehouse to Mr Brown he knew that at least three other persons shared the objective of obtaining material benefits from the sale of cannabis?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that, when Mr Smith rented the warehouse to Mr Brown, Mr Smith either: (a) knew that in doing so he was contributing to the occurrence of criminal activity; or (b) was reckless as to whether he might be contributing to the occurrence of criminal activity?
	“Reckless” means that Mr Smith recognised that there was a real possibility that he might be contributing to the sale of cannabis and, having regard to that possibility, his actions were unreasonable. “Unreasonable” actions are actions that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that Mr Smith either: (a) knew that the criminal activity contributed to the shared objective of obtaining material benefits from the sale of cannabis; or (b) was reckless as to whether the criminal activity might contribute to the shared objective of obtaining material benefits from the sale of cannabis?
	“Reckless” means that Mr Smith recognised that there was a real possibility that the criminal activity might be contributing to the shared objective of obtaining material benefits from the sale of cannabis and, having regard to that possibility, his actions were unreasonable. “Unreasonable” actions are actions that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.