117Conduct of servants and agents

117 Conduct of servants and agents

(3) If it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show: (a) that the conduct was engaged in by a servant or agent of the individual within the scope of actual or apparent authority; and (b) that the servant or agent had the state of mind. (4) Any conduct engaged in on behalf of an individual by a servant or agent of the individual within the scope of actual or apparent authority is taken to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct. (5) If: (a) an individual is convicted of an offence; and (b) he or she would not have been convicted of the offence if subsections (3) and (4) had not been enacted; he or she is not liable to be punished by imprisonment for that offence. (6) A reference in subsection (3) to the state of mind of a person includes a reference to: (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose. (7) This section has effect for the purposes of any proceeding for an offence against this Act or the regulations.