Draft guideline for consultation only. Draft guidelines should not be taken into account when sentencing.
The mere membership of a group (two or more persons) or gang should not be used to increase the sentence, but where the offence was committed as part of a group or gang this will normally make it more serious because:
- the harm caused (both physical or psychological) or the potential for harm may be greater and/or
- the culpability of the offender may be higher (the role of the offender within the group will be a relevant consideration).
When sentencing young adult offenders, consideration should also be given to the guidance on the mitigating factor relating to age and immaturity when considering the significance of group offending.