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. 45

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