Protection from criminal responsibility for particular ancillary conduct
301 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 for which the other person would, apart from section 298, be criminally responsible (the related 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 an authorised person or an officer of an issuing agency, is not criminally responsible for the offence if at the time the person engaged in the ancillary conduct the person believed the related conduct was being engaged in, or would be engaged in, by an authorised person or an issuing officer of an agency.
This Act’s bill:Explanatory memorandum
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