45Complicity and common purpose

45 Complicity and common purpose (1) A person is taken to have committed an offence if the person aids, abets, counsels, procures, or is knowingly concerned in or a party to, the commission of the offence by someone else. (2) However, the person commits the offence because of this section only if— (a) either— (i) the person’s conduct in fact aids, abets, counsels, or procures the commission of the offence by the other person; or (ii) as a result of the person’s conduct, the person in fact is knowingly concerned in or a party to the commission of the offence by the other person; and (b) when carrying out the conduct, the person either— (i) intends the conduct to aid, abet, counsel, procure, or result in the person being knowingly concerned in or a party to, the commission of any offence (including its fault elements) of the type committed by the other person; or (ii) intends the conduct to aid, abet, counsel, procure, or result in the person being knowingly concerned in or a party to, the commission of an offence by the other person and is reckless about the commission of the offence (including its fault elements) in fact committed by the other person. (3) To remove any doubt, the person is taken to have committed the offence only if the other person commits the offence.

(4) Despite subsection (2), any special liability provisions that apply to an offence apply also to the offence of aiding, abetting, counselling, commission of the offence. (5) A person must not be found guilty of aiding, abetting, counselling, commission of an offence if, before the offence was committed, the person— (a) ended the person’s involvement; and (b) took all reasonable steps to prevent the commission of the (6) A person may be found guilty of aiding, abetting, counselling, commission of an offence even if the person who committed the offence is not prosecuted or found guilty. (7) To remove any doubt, if a person is taken to have committed an (8) If the trier of fact is satisfied beyond reasonable doubt that a defendant committed an offence because of this section or otherwise than because of this section but cannot decide which, the trier of fact may nevertheless find the defendant guilty of the offence.