105Complicity and common purpose (aiding and abetting)

105 Complicity and common purpose (aiding and abetting)

(1)  A person who aids, abets, counsels or procures the commission of an offence by another person is taken to have committed that offence and is punishable accordingly.

(2)  For the person who aids, abets, counsels or procures the commission of an offence to be guilty –

(a) the person’s conduct must have in fact aided, abetted, counselled or procured the commission of the offence by the other person; and

(b) the offence must have been committed by the other person.

(3)  For the person who aids, abets, counsels or procures the commission of an offence to be guilty, the person must –

(a) have intended that –

(i) his or her conduct would aid, abet, counsel or procure the commission of any offence of the type the other person committed; or

(ii) his or her conduct would aid, abet, counsel or procure the commission of an offence; and

(b) have been reckless about the commission of the offence that the other person in fact committed.

(4)  A person cannot be found guilty of aiding, abetting, counselling or procuring the commission of an offence if, before the offence was committed, the person –

(a) terminated his or her involvement; and

(b) took reasonable steps to prevent the commission of the offence.

(5)  This section does not affect the liability of the principal offender.

(6)  A person may be found guilty of aiding, abetting, counselling or procuring the commission of an offence even if the principal offender has not been prosecuted or has not been found guilty.