Offence Explanation—Recruiting People to Engage in Criminal Activity

Despite broad definitions and a hefty imprisonment period, rarely is recruiting people to engage in criminal activity a charged offence in the ACT. Under the Criminal Code 2002, a person commits an offence if the person recruits a person to carry out or assist in carrying out criminal activity. The recruitment of children may result in a person being charged with an aggravated recruitment offence.

If you find yourself charged with recruiting people to engage in criminal activity, enlist the help of an experienced criminal lawyer.

How is Recruiting Defined?

In this case, to recruit is to counsel, procure, solicit, incite, or induce someone into committing criminal activity. Though not directly defined under the Criminal Code, “counselling” and “procuring” deal with complicity and common purpose. As such, they often carry an ordinary meaning. In practice, accused persons tend to be charged with common purpose or joint commission style offence rather than recruiting.

Understanding the Offence

Section 655(1) provides that “a person commits an offence if the person recruits a person to carry out or assist in carrying out criminal activity.” This charge carries a maximum penalty of 7 years imprisonment, whereas direct recruitment carries a maximum sentence of 10 years imprisonment.

Under Section 650 , the Code defines “criminal activity” as conduct that constitutes an indictable offence. What establishes an indictable offence is one that is punishable by a maximum penalty of imprisonment over two years or declared by the ACT law as such.

Part 6A of the Criminal Code 2002 deals with criminal groups and also covers the offence of recruiting. Legislatures have leveraged this Part as a means to curb activities by outlaw motorcycle gangs and the like.

What Constitutes Recruitment?

Any of the following actions put you at risk of a charge for a criminal offence.

• If you have sought help from a peer to load stolen property onto a vehicle
• If you have persuaded a peer to become part of a criminal group or organisation (i.e. an outlaw motorcycle gang)
• If you have received payment to act as a lookout while another person commits B&E 

What is There to Prove?

To convict a person of recruitment, the prosecution must prove beyond a reasonable doubt that:

•  The person in question has recruited someone:
• To carry out the criminal activity on their behalf; or
• To assist in performing the criminal activity

Possible Recruitment Defences

With the help of a Canberra criminal defence lawyer, you can combat the charge by:

• Maintaining innocence if you weren’t involved in the crime
• Arguing that your actions did not constitute recruitment
• Arguing that you did not carry out a crime
• Arguing that the person involved in recruitment was not a child (for the aggravated offence)
• Arguing that you acted under duress 

Conclusion

To navigate through a recruitment charge has a lot to do with the nuances of the situation and considering who was involved. Because of its broad interpretation, recruitment style offences are rarely charged.

At Andrew Byrnes Law Group, we are amongst the best criminal solicitors in Canberra. If you find yourself charged with a criminal offence, we consistently work to achieve the best possible outcome. Are you dealing with a complicated criminal charge in Canberra, Queanbeyan, Goulburn, Yass, Wollongong or surrounds? Contact us first!

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