Western Australian Consolidated Acts

MISUSE OF DRUGS ACT 1981 - SECT 33

33 .         Attempts, conspiracies, incitements and accessories after the fact

        (1)         A person who attempts to commit an offence (the principal offence ) commits —

            (a)         if the principal offence is a crime, the crime; or

            (b)         if the principal offence is a simple offence, the simple offence,

                and is liable on conviction to the same penalty to which a person who commits the principal offence is liable.

        (2)         A person who conspires with another to commit an offence (in this subsection called the principal offence ) commits — 

            (a)         if the principal offence is a crime under section 6(1) or 7(1) the crime, but is liable on conviction to the penalty referred to in section 34(1)(b); or

            (b)         if the principal offence is a simple offence or a crime, other than a crime referred to in paragraph (a), the simple offence or that crime, as the case requires, and is liable on conviction to the same penalty to which a person who commits the principal offence is liable.

        (3)         A person who incites another person to commit, or becomes an accessory after the fact to, an offence (the principal offence ) commits —

            (a)         if the principal offence is a crime, the crime; or

            (b)         if the principal offence is a simple offence, the simple offence,

                but is liable on conviction —

            (c)         to a fine not exceeding half of the fine; and

            (d)         to imprisonment for a term not exceeding half of the term,

                to which a person who commits the principal offence is liable.

        [Section 33 amended by No. 4 of 2004 s. 58; No. 62 of 2004 s. 8.]