Act 9
Illustration—
Penal Code Act
2008
“Z” is attacked by “A”, under such circumstances of grave
provocation that “A” killing of “Z” would only be culpable
homicide, and not murder. “B”, having ill will towards “Z”
intending to kill him or her and not having been subject to
the provocation, assists “A” in killing “Z”. Under these
facts, although both “A” and “B” are engaged in causing
“Z’s” death, “B” is guilty of murder and “A” is guilty only
of culpable homicide not amounting to murder.
52. Abetment.
Abetment
(1) A person abets the commission of an act when he or she—
(a) instigates another person to commit such act;
(b) engages in a conspiracy with one or more other persons
in the commission of the act; and/or,
(c) intentionally aids or facilitates any act or illegal omission
in the commission of the act.
(2) A person abets an offence when such person abets either
the commission of an offence, or the commission of an act
which would be an offence, if committed with the same
intention or knowledge as that of the abettor by a person
capable by law of committing the offence.
(3) It is not necessary that the person abetting should be
capable by law of committing an offence or that he or she
should have the same guilty intention or knowledge as that
of the abettor, or any guilty intention or knowledge.
Explanation 1—
A person who by willful misrepresentation or by willful
concealment of a material fact which he or she is bound to
disclose, voluntarily causes or procures or attempts to cause or
procure the commission of an act, instigates the commission of
such act within the meaning of this Chapter.
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