Sunday, 18 December 2011

" Consorting law " revival !

The " Depression era " brought troubled times to Australia - and the rest of the world.  Channel Nine ran a very successful " Underbelly " series depicting the time when two matriarchs of the criminal world reigned supreme in Sydney.   Tilly Devine and Kate Leigh controlled brothels, gambling and street gangs - and the standover boys of the " Sydney Push ".

Revolvers were the weapon of choice - until the law cracked down and even getting caught in possession of a gun meant certain gaol time.   The ever resourceful criminals changed to a new weapon - the old style cut-throat razor - because they could claim it's innocence as a necessary item of their personal hygiene.    And so began the era of the Sydney " Razor gangs " !

It seems that the police have revived use of that old 1929 " Consorting " law to breakup criminal activity in the Manly district of Sydney.   This law makes it an offence for those with criminal convictions to be in association with one another - and at the time it was enacted it delivered a term of six month gaol to the guilty.

Manly is plagued by a group of minor criminals who specialise in shoplifting, stealing from unattended handbags and breaking into motor vehicles.  In an effort to breakup group activities the police have resorted to " Consorting " laws still on the books - with startling effect.

This old law makes it an offence for a person with criminal convictions to be in any form of association with a person having similar convictions.     There is no need to prove that a new crime is being committed or even planned.    The fact that such two people are in company is in itself a crime !

The problem for the police is the likelihood that this old law will eventually come under challenge in the courts.   It became the basis for legislation to try and breakup criminal bikie gangs with crime histories - only to be overturned  in the High court.

This " Consorting " law may well be challenged as contrary to modern practise and placing an unwarranted restriction on the right of association with others.  It could be argued that in instances where all the members of the one family have criminal convictions, such a law would prohibit it's members meeting together as a family.   The parameters of society have certainly changed since 1929.

The story writers and film people of Channel Nine must be chuckling at how their entertaining series is playing out in the real world.     It is said that being copied is the ultimate form of flattery !

No comments:

Post a Comment