Document ID: chunk:federal_register_of_legislation:C2025C00060:section:5:p11
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 5 (pt 11/31)
Character Range: 62365–65010

by the other person; and
 (b) the offence must have been committed by the other person.
 (3) For the person to be guilty, the person must have intended that:
 (a) his or her conduct would aid, abet, counsel or procure the commission of any offence (including its fault elements) of the type the other person committed; or
 (b) his or her conduct would aid, abet, counsel or procure the commission of an offence and have been reckless about the commission of the offence (including its fault elements) that the other person in fact committed.
 (3A) Subsection (3) has effect subject to subsection (6).
 (4) A person cannot be found guilty of aiding, abetting, counselling or procuring the commission of an offence if, before the offence was committed, the person:
 (a) terminated his or her involvement; and
 (b) took all reasonable steps to prevent the commission of the offence.
 (5) A person may be found guilty of aiding, abetting, counselling or procuring the commission of an offence even if the other person has not been prosecuted or has not been found guilty.
 (6) Any special liability provisions that apply to an offence apply also for the purposes of determining whether a person is guilty of that offence because of the operation of subsection (1).
 (7) If the trier of fact is satisfied beyond reasonable doubt that a person either:
 (a) is guilty of a particular offence otherwise than because of the operation of subsection (1); or
 (b) is guilty of that offence because of the operation of subsection (1);
but is not able to determine which, the trier of fact may nonetheless find the person guilty of that offence.

11.2A  Joint commission

Joint commission
 (1) If:
 (a) a person and at least one other party enter into an agreement to commit an offence; and
 (b) either:
 (i) an offence is committed in accordance with the agreement (within the meaning of subsection (2)); or
 (ii) an offence is committed in the course of carrying out the agreement (within the meaning of subsection (3));
the person is taken to have committed the joint offence referred to in whichever of subsection (2) or (3) applies and is punishable accordingly.

Offence committed in accordance with the agreement
 (2) An offence is committed in accordance with the agreement if:
 (a) the conduct of one or more parties in accordance with the agreement makes up the physical elements consisting of conduct of an offence (the joint offence) of the same type as the offence agreed to; and
 (b) to the extent that a physical element of the joint offence consists of a result of conduct—that result arises from the conduct engaged in; and
 (c) to the extent