Version as at
6 November 2021
Crimes Act 1961
Part 4 s 72
Section 69(5): inserted, on 1 October 2000, by section 181(2) of the International Crimes and Inter‐
national Criminal Court Act 2000 (2000 No 26).
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Offence committed other than offence intended
(1)
Every one who incites, counsels, or procures another to be a party to an offence
of which that other is afterwards guilty is a party to that offence, although it
may be committed in a way different from that which was incited, counselled,
or suggested.
(2)
Every one who incites, counsels, or procures another to be a party to an offence
is a party to every offence which that other commits in consequence of such
inciting, counselling, or procuring, and which the first-mentioned person knew
to be likely to be committed in consequence thereof.
Compare: 1908 No 32 s 91
71
Accessory after the fact
(1)
An accessory after the fact to an offence is one who, knowing any person to
have been a party to the offence, receives, comforts, or assists that person or
tampers with or actively suppresses any evidence against him or her, in order to
enable him or her to escape after arrest or to avoid arrest or conviction.
(2)
[Repealed]
Compare: 1908 No 32 s 92; Criminal Code (1954) s 23 (Canada)
Section 71(2): repealed, on 12 March 2019, by section 4 of the Crimes Amendment Act 2019 (2019
No 4).
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Attempts
(1)
Every one who, having an intent to commit an offence, does or omits an act for
the purpose of accomplishing his or her object, is guilty of an attempt to com‐
mit the offence intended, whether in the circumstances it was possible to com‐
mit the offence or not.
(2)
The question whether an act done or omitted with intent to commit an offence
is or is not only preparation for the commission of that offence, and too remote
to constitute an attempt to commit it, is a question of law.
(3)
An act done or omitted with intent to commit an offence may constitute an
attempt if it is immediately or proximately connected with the intended
offence, whether or not there was any act unequivocally showing the intent to
commit that offence.
Compare: 1908 No 32 s 93
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