Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 1 IntroductoryChapter 2 Parties to offences[s 8](c) every person who aids another person in committing theoffence;(d) any person who counsels or procures any other person tocommit the offence.(2) Under subsection (1)(d) the person may be charged eitherwith committing the offence or with counselling or procuringits commission.(3) A conviction of counselling or procuring the commission ofan offence entails the same consequences in all respects as aconviction of committing the offence.(4) Any person who procures another to do or omit to do any actof such a nature that, if the person had done the act or madethe omission, the act or omission would have constituted anoffence on the person’s part, is guilty of an offence of thesame kind, and is liable to the same punishment, as if theperson had done the act or made the omission; and the personmay be charged with doing the act or making the omission.8 Offences committed in prosecution of common purposeWhen 2 or more persons form a common intention toprosecute an unlawful purpose in conjunction with oneanother, and in the prosecution of such purpose an offence iscommitted of such a nature that its commission was aprobable consequence of the prosecution of such purpose,each of them is deemed to have committed the offence.9 Mode of execution immaterial(1) When a person counsels another to commit an offence, and anoffence is actually committed after such counsel by the personto whom it is given, it is immaterial whether the offenceactually committed is the same as that counselled or adifferent one, or whether the offence is committed in the waycounselled, or in a different way, provided in either case thatthe facts constituting the offence actually committed are aprobable consequence of carrying out the counsel.Page 48 Current as at 1 December 2014