324AOther offenders need not be prosecuted or found guilty

324A Other offenders need not be prosecuted or found guilty

A person who is involved in the commission of an offence may be found guilty of the offence whether or not any other person is prosecuted for or found guilty of the offence.

S. 324AB inserted by No. 32/2024 s. 803.

324AB Complicity with child who may not be criminally responsible

(1) A person who is involved in the commission of an offence in the circumstances described in section 323(1)(a) or (c) may be found guilty of the offence even if—

(a) the conduct that constitutes the offence, or an element of the offence, was committed by a child; and

(b) under section 10 or 11 of the Youth Justice Act 2024, it is presumed that the child cannot commit that offence.

(2) A person who is involved in the commission of an offence in the circumstances described in section 323(1)(b) or (d) may be found guilty of the offence even if—

(a) the conduct that constitutes the other offence, or an element of the other offence, was committed by a child; and

(b) under section 10 or 11 of the Youth Justice Act 2024, it is presumed that the child cannot commit that other offence.

(3) Nothing in this section affects the application of section 10 or 11 of the Youth Justice Act 2024 to a child who is involved in the commission of an offence.

1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024.

2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the Youth Justice Act 2024.

S. 324B inserted by No. 63/2014 s. 6.

324B Offender's role need not be determined

A person may be found guilty of an offence by virtue of section 324 if the trier of fact is satisfied that the person is guilty either as the person who committed the offence or as a person involved in the commission of the offence but is unable to determine which applies.

S. 324C inserted by No. 63/2014 s. 6.

324C Abolition of certain aspects of complicity at common law

(1) The law of complicity at common law in relation to aiding, abetting, counselling or procuring the commission of an offence is abolished.

(2) The doctrines at common law of acting in concert, joint criminal enterprise and common purpose (including extended common purpose) are abolished.

The common law concerning the circumstances in which a person may withdraw from an offence in which the person would otherwise be complicit is not abolished by this section.