Complicity and common purpose
43BG Complicity and common purpose
(1) A person who aids, abets, counsels or procures the commission of an offence by another person is taken to have committed that offence and is punishable accordingly.
For the person to be guilty:
(a) the person's conduct must have in fact aided, abetted, counselled or procured the commission of the offence by the other person; and
the offence must have been committed by the other person.
For the person to be guilty, the person must have intended that:
(a) the person's conduct would aid, abet, counsel or procure the commission of any offence (including its fault elements) of the type the other person committed; or
(b) the person's conduct would aid, abet, counsel or procure the commission of an offence and have been reckless about the commission of the offence (including its fault elements) that the other person in fact committed.
Subsection (3) has effect subject to subsection (7).
(5) A person cannot be found guilty of aiding, abetting, counselling or procuring the commission of an offence if, before the offence was committed, the person:
terminated the person's involvement; and
(b) took all reasonable steps to prevent the commission of the offence.
(6) A person may be found guilty of aiding, abetting, counselling or procuring the commission of an offence even if the other offender has not been prosecuted or has not been found guilty.
(7) Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also for the purpose of determining whether a person commits the offence because of the operation of this section.
(8) Any special liability provisions that apply to an offence apply also for the purpose of determining whether a person commits the offence because of the operation of this section.
(9) If the trier of fact is satisfied beyond reasonable doubt that a person committed an offence because of the operation of this section or otherwise than because of the operation of this section, but is unable to determine which, the trier of fact may nevertheless find the person guilty of the offence.
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