Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:4_4:p2
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 4 cl 4 (pt 2/2)
Character Range: 263190–263909

be found guilty even if another party not prosecuted etc.

 (7) A person may be found guilty of an offence because of the operation of this section even if:
 (a) another party to the agreement has not been prosecuted or has not been found guilty; or
 (b) the person was not present when any of the conduct constituting the physical elements of the joint offence was engaged in.

Special liability provisions apply

 (8) Any special liability provisions that apply to the joint offence apply also for the purposes of determining whether a person is guilty of that offence because of the operation of this section.

Note: The heading to section 11.3 of the Criminal Code is replaced by the heading "Commission by proxy".