Act 9 Penal Code Act 2008 (d) “A”, intending to cause a theft to be committed, instigates “B” to take property belonging to “Z” out of “Z’s” possession. “A” induces “B” to believe that the property belongs to “A”. “B” takes the property out of “Z’s” possession in good faith believing it to be “A’s” property. “B”, acting under this misconception does not take dishonestly and therefore does not commit theft. But “A” is guilty of abetting theft and is liable to the same punishment as if “B” had committed theft. Explanation 3— It is not necessary to the commission of the offence of abetment by conspiracy that the abettor engages in the offence with the person who commits it. It is sufficient if he or she engages in the conspiracy in pursuance of which the offence is committed. Illustration— “A” and “B” create a plan for poisoning “Z”. It is agreed that “A” shall administer the poison. “B” then explains the plan to “C” mentioning that a third person is to administer the poison but without mentioning “A’s” name. “C” agrees to procure the poison, procures and delivers it to “B” for the purpose of its being used in the manner explained. “A” administers the poison; “Z” dies in consequence. Under these facts, though “A” and “C” have not conspired together, “C” has been engaged in the conspiracy in pursuance of which “Z” has been murdered. “C” has therefore committed the offence defined in this section and is liable to the punishment for murder. 53. Abetment if the Act Abetted is Committed in Consequence and where no Expressed Provision is made for Sentencing. If the act abetted is committed in consequence of the abetment, and no express provision is made by this Act or by any other law for the conviction of such abetment, whoever abets the offence shall be sentenced in accordance with the same provisions that apply to the commission of the offence. 47