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THURSDAY, AUGUST 8, 1991
THE FIRST THREE MAJOR OFFENCES ARE COMMITTING ONE OF THESE CRIMES WHILE BEING A MEMBER OF AN ORGANISED CRIME GROUP, CONSPIRING WITH ANOTHER PERSON TO COMMIT ONE OF THESE CRIMES KNOWING OR HAVING REASONABLE GROUNDS TO BELIEVE THAT THE PERSON IS A MEMBER OF AN ORGANISED CRIME GROUP, AND AIDING OR PROCURING THE COMMISSION CONSPIRACY TO COMMIT SUCH A CRIME BY A MEMBER OF AN ORGANISED GROUP.
OF A CRIME
MAXIMUM
THE PENALTY FOR THESE NEW OFFENCES WILL BE DOUBLE THE PERIOD OF IMPRISONMENT FOR OFFENCES COVERED BY EXISTING ORDINANCES BUT WHICH DO NOT INCLUDE A CONNECTION WITH AN ORGANISED CRIME GROUP.
OFFENCES
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"THE NEW OFFENCES ARE, IN FACT, AGGRAVATED VERSIONS OF EXISTING AND ARE MORE THREATENING TO SOCIETY, THE SPOKESMAN SAID.
"IN ADDITION TO REFLECTING THE GRAVITY OF THESE OFFENCES, THE HEAVIER PENALTIES ARE NECESSARY TO DETER PEOPLE FROM GETTING INVOLVED IN ORGANISED CRIME AND TO PUNISH THOSE WHO DO.
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AS A FURTHER DETERRENT, THE BILL PROVIDES FOR A MAXIMUM FINE OF $10 MILLION AND LIFE IMPRISONMENT FOR A FOURTH NEW OFFENCE OF REPEATEDLY COMMITTING THE AGGRAVATED CRIMES, ON THREE OR MORE OCCASIONS.
BE
THE FIFTH OFFENCE RELATES TO MONEY LAUNDERING, WHICH WOULD PUNISHABLE BY A MAXIMUM PENALTY OF A $5 MILLION FINE AND 14 YBARS IMPRISONMENT ON INDICTMENT OR A $500,000 FINE AND THREE YEARS IMPRISONMENT ON SUMMARY CONVICTION.
THE SPOKESMAN SAID THIS OFFENCE WAS CREATED TO DETER PEOPLE, INCLUDING PROFESSIONAL INVESTMENT ADVISERS, FROM GETTING INVOLVED IN LAUNDERING MONEY OR OTHER PROPERTY FOR MEMBERS OF AN ORGANISED CRIME GROUP.
THE PROCEEDS NEED NOT NECESSARILY COME FROM AN OFFENCE UNDER THE BILL AND THEY CAN RELATE TO ANY OFFENCE COMMITTED BEFORE OR AFTER THE ENACTMENT OF THE PROPOSED ORDINANCE.
HOWEVER, THE PROSECUTION MUST SHOW THAT THE DEFENDANT KNEW Ok HAD REASONABLE GROUNDS TO BELIEVE THAT THE PERSON BENEFITTING FROM THE ARRANGEMENT WAS A MEMBER OF AN ORGANISED CRIME GROUP.
IN ADDITION TO IMPOSING FINES AND IMPRISONMENT, THE COURTS WOULD BE EMPOWERED TO DEPRIVE OFFENDERS OF THEIR BENEFITS FROM CRIME.
THE AMOUNT OF THE CONFISCATION ORDER WILL BE BASED ON THE COURT'S ASSESSMENT OF THE BENEFIT FROM CRIMINAL CONDUCT GAINED BY THE DEFENDANT.
THE COURT MAY ASSUME THAT THESE BENEFITS INCLUDE ANY PROPERTY EITHER HELD BY THE DEFENDANT AT ANY TIME SINCE HIS CONVICTION OR TRANSFERRED TO HIM DURING A SIX-YEAR PERIOD BEFORE THE PROCEEDINGS BEGAN.
SIX
YEARS IS CURRENTLY THE TIME LIMIT WITHIN WHICH MOST CIVIL ACTIONS MUST BE INSTITUTED.
/TO AID