323Interpretation

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.

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.

New s. 324 inserted by No. 63/2014 s. 6.