Person involved in commission of offence taken to have committed the offence
324 Person involved in commission of offence taken to have committed the offence
Subject to subsection (3), if an offence (whether indictable or summary) is committed, a person who is involved in the commission of the offence is taken to have committed the offence and is liable to the maximum penalty for that offence.
Despite subsection (1), a person is not taken to have committed an offence if the person withdraws from the offence.
Note
The common law recognises that in certain circumstances a person may withdraw from an offence in which the person would otherwise be complicit: for example, White v Ridley [1978] HCA 38; (1978) 140 CLR 342; R v Tietie, Tulele and Bolamatu (1988) 34 A Crim R 438; R v Jensen and Ward [1980] VicRp 24; [1980] VR 194.
Nothing in this section imposes liability on a person for an offence that, as a matter of policy, is intended to benefit or protect that person.
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