ORGANISED CRIME
25
- (a) was committed at the direction of a group which the person knows or has reasonable grounds to believe is a locally‑linked organised criminal group; or
- (b) was committed in furtherance of the illegal purpose of a group which the person knows or has reasonable grounds to believe is a locally-linked organised criminal group,
the punishment which the court may impose is the same punishment provided for the predicate offence, but as modified by subsection (3).
(3) For the purposes of subsections (1) and (2), the modifications are as follows:
- (a) where the punishment, or one of the punishments, prescribed for the predicate offence is a fine, the maximum amount of fine is twice the maximum amount of fine prescribed for the predicate offence;
- (b) where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to less than 4 years, the maximum imprisonment term is an imprisonment term not exceeding a period equal to the maximum imprisonment term for the predicate offence plus 2 years;
- (c) where the punishment, or one of the punishments, prescribed for the predicate offence is imprisonment for a term which extends to 4 years or more (other than life imprisonment), the maximum imprisonment term is an imprisonment term not exceeding a period equal to the maximum imprisonment term for the predicate offence plus 5 years.
(4) To avoid doubt, nothing in subsection (3) affects the minimum sentence which is fixed or specified under any written law.
