1049 (7) If the trier of fact is satisfied beyond reasonable doubt that a person either— (a) (b) is guilty of a particular offence otherwise than because of the operation of sub-section (1); or is guilty of that offence because of the operation of sub-section (1)— but is not able to determine which, the trier of fact may nonetheless find the person guilty of that offence. Offences committed by joint offenders in prosecution of common purpose 46. When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence. 47. A person who— (a) (b) Innocent agency has, in relation to each physical element of an offence, a fault element applicable to that physical element; and procures conduct of another person that (whether or not together with conduct of the procurer) would have constituted an offence on the part of the procurer if the procurer had engaged in it is taken to have committed that offence and is punishable accordingly. Incitement 48. – (1) A person who urges the commission of an offence is guilty of the offence of incitement. (2) Subject to sub-section (5), for the person to be guilty, the person must intend that the offence incited be committed. (3) A person may be found guilty even if committing the offence incited is impossible. (4) Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also to the offence of incitement in respect of that offence. (5) Any special liability provisions that apply to an offence apply also to the offence of incitement in respect of that offence. (6) It is not an offence to incite the commission of an offence against section 44 (attempt), this section or section 49 (conspiracy). (7) The penalty for an offence against this section shall be— (a) (b) (c) (d) (e) if the offence incited is punishable by life imprisonment—imprisonment for 10 years; or if the offence incited is punishable by imprisonment for 14 years or more, but is not punishable by life imprisonment—imprisonment for 7 years; or if the offence incited is punishable by imprisonment for 10 years or more, but is not punishable by imprisonment for 14 years or more—imprisonment for 5 years; or if the offence is otherwise punishable by imprisonment—imprisonment for 3 years or for the maximum term of imprisonment for the offence incited, whichever is the lesser; or if the offence incited is not punishable by imprisonment—the number of penalty units equal to the maximum number of penalty units applicable to the offence incited. Conspiracy 49.—(1) A person who conspires with another person to commit an offence punishable by imprisonment for more than 12 months is guilty of the offence of conspiracy to commit that offence and is punishable as if the offence to which the conspiracy relates had been committed. (2) Subject to sub-section (8), for the person to be guilty— (a) the person must have entered into an agreement with one or more other persons; and