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.
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