190 Mistake of fact in relation to unfinalised crimes It shall not be a defence to a charge of threatening, incitement, conspiracy or attempting to commit a crime that the accused believed, due to a mistake of fact, that it was physically possible to commit the crime which was the subject of the threat, incitement, conspiracy or attempt, whereas in fact its commission was physically impossible. 191 Extra- territorial incitement or conspiracy (1) If a person who is (a) in Zimbabwe incites or conspires with another person who is outside Zimbabwe to commit a crime in Zimbabwe; or (b) outside Zimbabwe incites or conspires with another person who is in Zimbabwe to commit a crime in Zimbabwe; the first-mentioned person in paragraph (a) or (b) may be charged with incitement in Zimbabwe, and the first mentioned or other person mentioned in paragraph (a) or (b) or both may be charged in Zimbabwe with conspiracy to commit the crime concerned, as the case may be. [Subsection amended by section 31 of Act 9 of 2006.] (2) If a person who is outside Zimbabwe incites or conspires with another person outside Zimbabwe to commit a crime in Zimbabwe, the first-mentioned person or the other person or both may be charged with incitement or conspiracy to commit the crime concerned, as the case may be, if, as a result of the incitement or conspiracy, either or both persons enter Zimbabwe in order to commit the crime. 192 Punishment for incitement, conspiracy or attempt Subject to this Code and any other enactment, a person who is convicted of incitement, conspiracy or attempting to commit a crime shall be liable to the same punishment to which he or she would have been liable had he or she actually committed the crime concerned. 193 Presumptions, jurisdiction, powers and defences applicable to crimes applicable also to unfinalised crimes (1) Subject to this Chapter any (a) presumption that applies; or (b) jurisdiction that may be exercised; or (c) award or order that may be made; or (d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised; or (e) power to take a deposit by way of a penalty that may be exercised; in relation to any crime or suspected crime in terms of this Code or any other enactment, shall be applicable or capable of being exercised or made, as the case may be, in relation to a threat, incitement, conspiracy or attempt to commit the crime or suspected crime concerned. (2) A person charged with threatening, incitement, conspiracy or attempting to commit a crime may raise or rely on any defence which he or she could have raised and relied on if he or she had been charged with committing the crime itself, to the extent that the defence relates to or is based on any fact or circumstance which is an essential element of both the crime and, as the case may be, the threat, incitement, conspiracy or attempt: Provided that a person charged with incitement, conspiracy or attempting to commit a particular crime shall be guilty of incitement, conspiracy or attempting to commit a lesser crime where he or she is entitled to rely on a partial defence which would render a person charged with committing that particular crime guilty of the lesser crime. 194 Treason and any other crimes constituted by incitement, conspiracy or attempt This Chapter shall not affect the liability of a person to be convicted of the crime of treason or any other crime which is committed through incitement, conspiracy, any unlawful agreement, or an attempt, or of which incitement, conspiracy, any unlawful agreement or an attempt is an element. CHAPTER XIII PARTICIPATION OR A SSISTANCE IN THE C OMMISSION OF C RIMES PART I P ARTICIPATION OR ASSISTANCE BEFORE OR DURING C OMMISSION OF CRIMES : CO-P ERPETRATORS AND ACCOMPLICES 195 Interpretation in Part I of Chapter XIII In this Part “accomplice” means a person, other than an actual perpetrator of a crime (a) who incites or conspires with an actual perpetrator to commit a crime, with the result that a crime is subsequently committed; or