A request to commit an offence that is subject to conditions (such as prior payment by the inciter) is capable of amounting to incitement under s 321G of the Crimes Act 1958 (Vic). The existence of conditions is a matter for the jury in assessing whether there was incitement and the requisite intention, and the question is not to be determined by characterising stipulations according to principles of contract law. A request hedged about by so many qualifications or dependent on so remote an event may lead a jury to find no incitement or no settled intention.
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