Protection from criminal responsibility for particular ancillary conduct
262 Protection from criminal responsibility for particular ancillary conduct
This section applies to conduct, for example aiding or enabling the commission of an offence or conspiring to commit an offence (ancillary conduct), for which a person may be criminally responsible because it involves conduct engaged in by another person that is controlled conduct for which the other person would, apart from section 258, be criminally responsible (the related controlled conduct).
Note—The Criminal Code, section 7(1)(b) and (c) makes provision for a person who aids or enables the commission of an offence, and the Criminal Code, chapter 56, makes provision for conspiracy.
Despite any other Act or law of this jurisdiction, a person who engages in ancillary conduct that is an offence, whether or not the person is a participant in a controlled operation, is not criminally responsible for the offence if at the time the person engaged in the ancillary conduct the person believed the related controlled conduct was being engaged in, or would be engaged in, by a participant in an authorised operation.
This Act’s bill:Explanatory memorandum
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