Commission by proxy
43BH Commission by proxy
A person is taken to have committed an offence if:
(a) the person procures someone else to engage in conduct that (whether or not together with conduct engaged in by the person) makes up the physical elements of the offence consisting of conduct; and
(b) any physical element of the offence consisting of a circumstance exists; and
(c) any physical element of the offence consisting of a result of the conduct happens; and
(d) when the person procured the other person to engage in the conduct, the person had the fault element applying to each physical element of the offence.
(1A) Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also for the purposes of determining whether a person commits the offence because of the operation of this section.
(2) To remove any doubt, if a person is taken to have committed an offence because of this section, the offence is punishable as if, apart from the operation of this section, the person had committed the offence.
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