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CRIMINAL CODE 2002 - SECT 46 Commission by proxy

CRIMINAL CODE 2002 - SECT 46

Commission by proxy

    (1)     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 a fault element applying to each physical element of the offence.

    (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.