First person jailed under new consorting laws
A 21-year-old man has become the first person sentenced under the state government's controversial new consorting laws, a magistrate saying the community was concerned about criminals of all kinds associating together, not just bikes.
Charlie Maxwell Foster, from Inverell in the state's central-west, was jailed by Magistrate Michael Holmes last week for a number of offences, including habitually consorting with convicted offenders after a warning.
He pleaded guilty, his solicitor Jon Watts telling the court there was no suggestion his client had been plotting any crimes with his friends at the time police apprehended him.
"If you look in the facts, there's no suggestion at that time that they were involved or planning any you could say, illegal activities, so I would ask if you could take all those matters into account," he said.
A factsheet tendered to the court said Foster had received two consorting bookings each with three other men, in a two month period.
"The accused has knowledge of the criminal histories of all the persons he has been consorting with," the statement said.
"The accused has been given more bookings and warnings than required and still continues to consort with convicted offenders."
However, none of Foster's so-called criminal associates has been charged with consorting with him, despite him having a lengthy criminal history.
He was also charged with one count of common assault and one of failing to comply with reporting conditions, for which he received three month jail terms to be served concurrently.
The police prosecutor told the court the consorting charges carried a maximum of three years jail, highlighting its severity.
"It's a very severe offence," he said.
Mr Watts said consorting laws had been around a long time, "originally to break up razor gangs etcetera" and asked the magistrate to consider that Foster's prior criminal history was devoid of criminal offences in the company of others.
"Your Honour … if you have a look through my client's record, he tends to do things on his own, when he's been in trouble," he said.
"Yes, he associated with other young offenders in the area, (but) they are young."
Magistrate Holmes said there had been "community concern about criminal groupings and that goes beyond, as I think the first reading speech says, it goes beyond just merely, by coincidence, meeting at a bus stop, it goes further."
He imposed a 12 month jail term, commencing on June 22 - when Foster was taken into custody - with a non-parole period of nine months.
"In the consorting matter, the Court is well aware of the provisions that are provided in relation to the legislation and the Court has acquainted itself with the reading speeches in the parliament of New South Wales, again it highlights the concerns of the community in relation to the problems, not just involving individuals of bikie organisations, but of individuals that have a criminal propensity and also people that have been convicted of indictable offences, consorting or associating together," he said.
"That is a concern of the community. Accordingly, a Court considers there is no option but to impose a term of imprisonment."
He said Foster would be eligible for release on parole on March 21, 2013.
Four other men, known members of the Nomads outlaw motorcycle gang - including Sydney boss Jamie Zammit and his deputy Sleiman Tajjour - have also been charged with consorting and are before the courts.
A police spokesman said to his knowledge, they and Foster are the only five people charged with the laws since they were passed by the government in April.
Premier Barry O'Farrell revived the legislation following in a bid to crack down on illegal activity by bikie gangs.
However lawyers have expressed their concern at the laws, arguing they fundamentally inhibit a person's right to freedom of association.
Lawyers for the Nomads members are considering a High Court challenge.
Your Honour … if you have a look through my client's record, he tends to do things on his own, when he's been in trouble," he said.
"Yes, he associated with other young offenders in the area, (but) they are young."
Magistrate Holmes said there had been "community concern about criminal groupings and that goes beyond, as I think the first reading speech says, it goes beyond just merely, by coincidence, meeting at a bus stop, it goes further."
He imposed a 12 month jail term, commencing on June 22 - when Foster was taken into custody - with a non-parole period of nine months.
"In the consorting matter, the Court is well aware of the provisions that are provided in relation to the legislation and the Court has acquainted itself with the reading speeches in the parliament of New South Wales, again it highlights the concerns of the community in relation to the problems, not just involving individuals of bikie organisations, but of individuals that have a criminal propensity and also people that have been convicted of indictable offences, consorting or associating together," he said.
"That is a concern of the community. Accordingly, a Court considers there is no option but to impose a term of imprisonment."
He said Foster would be eligible for release on parole on March 21, 2013.
Four other men, known members of the Nomads outlaw motorcycle gang - including Sydney boss Jamie Zammit and his deputy Sleiman Tajjour - have also been charged with consorting and are before the courts.
A police spokesman said to his knowledge, they and Foster are the only five people charged with the laws since they were passed by the government in April.
Premier Barry O'Farrell revived the legislation following in a bid to crack down on illegal activity by bikie gangs.
However lawyers have expressed their concern at the laws, arguing they fundamentally inhibit a person's right to freedom of association.
Lawyers for the Nomads members are considering a High Court challenge.