Act 9 Penal Code Act 2008 abetment, and was committed under the influence of the instigation or in pursuance of the conspiracy or with the aid which constituted the abetment. Illustrations— (a) “A” instigates a child to put poison into the food of “Z” and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of “Y”, which is by the side of that of “Z”. Here, if the child was acting under the influence of “A’s” instigation, and the act committed was in the circumstances a probable consequence of the abetment, “A” is liable in the same manner and to the same extent as if he or she had instigated the child to put the poison into the food of “Y”. (b) “A” instigates “B” and “C” to break into an inhabited house at midnight for the purpose of robbery, and provided them with arms for that purpose. “B” and “C” break into the house and being resisted by “Z”, either “B” or “C”, murder “Z”. Under these facts, if that murder was the probable consequence of the abetment, “A” is liable to the punishment for murder. 56. Abettor when Liable to Cumulative Sentences for act Abetted and for act Committed. If the act for which the abettor is liable under section 55 above, is committed in addition to the act abetted, and such act constitutes a distinct offence, the abettor is liable to sentencing for each of the offences. 57. Liability of Abettor for an effect caused by the act Abetted different from that Intended by the Abettor. When an act is abetted with the intention on the part of the abettor of causing a particular effect, and the act is committed in a different way from that intended by the abettor, the abettor is liable for the effect caused in the same manner and to the same extent as if he or she had abetted the act with the intention of causing that effect; provided that, he or she knew that the act abetted was likely to cause that effect. 49

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