Document ID: chunk:federal_register_of_legislation:C2025C00060:section:5:p12
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 5 (pt 12/31)
Character Range: 64797–67425

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 that a physical element of the joint offence consists of a circumstance—the conduct engaged in, or a result of the conduct engaged in, occurs in that circumstance.

Offence committed in the course of carrying out the agreement
 (3) An offence is committed in the course of carrying out the agreement if the person is reckless about the commission of an offence (the joint offence) that another party in fact commits in the course of carrying out the agreement.

Intention to commit an offence
 (4) For a person to be guilty of an offence because of the operation of this section, the person and at least one other party to the agreement must have intended that an offence would be committed under the agreement.

Agreement may be non‑verbal etc.
 (5) The agreement:
 (a) may consist of a non‑verbal understanding; and
 (b) may be entered into before, or at the same time as, the conduct constituting any of the physical elements of the joint offence was engaged in.

Termination of involvement etc.
 (6) A person cannot be found guilty of an offence because of the operation of this section if, before the conduct constituting any of the physical elements of the joint offence concerned was engaged in, the person:
 (a) terminated his or her involvement; and
 (b) took all reasonable steps to prevent that conduct from being engaged in.

Person may 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.

11.3  Commission by proxy
  A person who:
 (a) has, in relation to each physical element of an offence, a fault element applicable to that physical element; and
 (b) procures conduct of another person that (whether or not together with conduct of the procurer) would have constituted an offence on the part of the procurer if the procurer had engaged in it;
is taken to have committed that offence and is punishable accordingly.

11.4  Incitement
 (1) A