CRIMES AMENDMENT (ABOLITION OF DEFENSIVE HOMICIDE) ACT 2014 (NO. 63 OF 2014) - SECT 6 New Subdivision (1) of Division 1 of Part II inserted

CRIMES AMENDMENT (ABOLITION OF DEFENSIVE HOMICIDE) ACT 2014 (NO. 63 OF 2014) - SECT 6

For Subdivisions (1) and (2) of Division 1 of Part II of the Crimes Act 1958 substitute —

" (1) Complicity in commission of offences

        323     Interpretation

    (1)     For the purposes of this Subdivision, a person is involved in the commission of an offence if the person—

        (a)     intentionally assists, encourages or directs the commission of the offence; or

        (b)     intentionally assists, encourages or directs the commission of another offence where the person was aware that it was probable that the offence charged would be committed in the course of carrying out the other offence; or

        (c)     enters into an agreement, arrangement or understanding with another person to commit the offence; or

        (d)     enters into an agreement, arrangement or understanding with another person to commit another offence where the person was aware that it was probable that the offence charged would be committed in the course of carrying out the other offence.

    (2)     In determining whether a person has encouraged the commission of an offence, it is irrelevant whether or not the person who committed the offence in fact was encouraged to commit the offence.

Note

A person who committed an offence may include 2 or more persons who entered into an agreement, arrangement or understanding to commit the offence.

    (3)     A person may be involved in the commission of an offence, by act or omission—

        (a)     even if the person is not physically present when the offence, or an element of the offence, is committed; and

        (b)     whether or not the person realises that the facts constitute an offence.

        324     Person involved in commission of offence taken to have committed the offence

    (1)     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.

    (2)     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.

    (3)     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.

        324A     Other offenders need not be prosecuted or found guilty

A person who is involved in the commission of an offence may be found guilty of the offence whether or not any other person is prosecuted for or found guilty of the offence.

        324B     Offender's role need not be determined

A person may be found guilty of an offence by virtue of section 324 if the trier of fact is satisfied that the person is guilty either as the person who committed the offence or as a person involved in the commission of the offence but is unable to determine which applies.

        324C     Abolition of certain aspects of complicity at common law

    (1)     The law of complicity at common law in relation to aiding, abetting, counselling or procuring the commission of an offence is abolished.

    (2)     The doctrines at common law of acting in concert, joint criminal enterprise and common purpose (including extended common purpose) are abolished.

Note

The common law concerning the circumstances in which a person may withdraw from an offence in which the person would otherwise be complicit is not abolished by this section.".