2013, No. 10 Crimes 21 PROVIDED that, except in the case of a constable or a person called upon by a constable to assist him or her, this subsection shall not apply where the force used is intended or likely to cause death or grievous bodily harm. (2) Where any prisoner of a prison is attempting to escape from lawful custody, or is fleeing after having escaped therefrom, every constable, and every person called upon by a constable to assist him or her, is justified in using such force as may be necessary to prevent the escape of or to recapture the prisoner, unless in any case the escape can be prevented or the recapture effected by reasonable means in a less violent manner. PART V PARTIES TO THE COMMISSION OF OFFENCES 33. Parties to offences-(1) A person is a party to and guilty of an offence who: (a) actually commits the offence; or (b) does or omits an act for the purpose of aiding any person to commit the offence; or (c) abets any person in the commission of the offence; or (d) incites, counsels, or procures any person to commit the offence. (2) Where two (2) or more persons form a common intention to carry into effect any unlawful purpose and to assist each other in that object, each of them is a party to every offence committed by any one of them in carrying into effect that unlawful purpose if the commission of that offence was or ought to have been known to be a probable consequence of carrying into effect that common purpose. (3) Nothing in this section prevents the charging of a person as a party to any offence under both subsection (1) and (2) or in the alternative. 34. Party to crime outside Samoa-(1) A person who, in Samoa, aids, incites, counsels or procures the doing or omission outside Samoa of any act which, if done in Samoa would be a crime is liable to imprisonment for a term not exceeding that prescribed for the crime, or seven (7) years, whichever is the less.