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What a Charge of Consorting Means

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What is consorting?

Consorting relates to frequent interactions with a convicted felon, even after police have given you a warning to cease your relationship.

Section 93X of the Crimes Act 1900 (NSW) describes a charge of consorting as follows:

A person (other than a person under the age of 14 years) who—

  • habitually consorts with convicted offenders, and
  • consorts with those convicted offenders after having been given an official warning in relation to each of those convicted offenders, is guilty of an offence.

The maximum penalty is 3 years imprisonment, a fine of 150 penalty units, or both.

What are defences to a charge consorting?

On a case-by-case basis, our specialist criminal lawyers at the Australia Legal Practice may be able to defend a charge of consorting if:

For example,

Lawful Purpose – The consorting was reasonable under section 93Y of the Crimes Act 1900 (NSW). The section provides a list of defences to a charge of consorting and includes the following:

  • Consorting with family members,
  • During lawful employment or the lawful operation of a business,
  • During training or education,
  • During the provision of a health service or welfare service,
  • During the provision of legal advice,
  • During lawful custody or when complying with a court order,
  • consorting that occurs when complying with— an order granted by the Parole Authority or by a member of staff of Corrective Services NSW,
  • When providing transitional, crisis or emergency accommodation.

– The threats of another party forced you to act in a certain way, equating to duress.

Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm.

Options when charged with consorting

Subject to your circumstances, you may choose either to:

  1. Plead guilty – Admit to committing the offence and breaking the law
  2. Plead not guilty – Deny committing the offence and breaking the law


If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.

The best way to get off a charge of consorting is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal charges. We provide tailored advice and are armed with the right knowledge to fight your case.

If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.


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