2013, No. 10
Crimes
23
38. Conspiracy to commit an offence-(1) A person who
conspires with any person to commit any offence, or to do or
omit, in any part of the world, anything of which the doing or
omitting in Samoa would be an offence, commits the crime of
conspiracy to commit that offence and is liable to imprisonment
for a term not exceeding seven (7) years, if the maximum penalty
for that offence exceeds seven (7) years, or in any other case is
liable to the punishment as if he or she had committed that
offence.
(2) The provisions of subsection (1) as to the penalty for
conspiring to commit an offence do not apply where the
punishment for the conspiracy is prescribed in any other
enactment.
(3) Where under this section any one is charged with
conspiring to do or omit anything anywhere outside Samoa, it is
a defence to prove that the doing or omission of the act to which
the conspiracy relates was not an offence under the law of the
place where it was, or was to be, done or omitted.
39. Attempt to commit or procure commission of offence(1) A person who attempts to commit any offence in respect of
which no punishment for the attempt is expressly prescribed by
this Act or by some other enactment is liable to imprisonment for
a term not exceeding 10 years if the maximum penalty for that
offence is imprisonment for life, and in any other case is liable to
not more than half the maximum penalty to which he or she
would have been liable if he or she had committed that offence.
(2) Everyone who is accessory after the fact to any crime
punishable by imprisonment, being a crime in respect of which
no express provision is made by this Act or by some other
enactment for the punishment of an accessory after the fact, is
liable to imprisonment for a term not exceeding five (5) years if
such maximum penalty is imprisonment for 10 years or more;
and in any other case is liable to not more than half the maximum
punishment to which he or she would have been liable if he or
she had committed the crime.