2016
GFNERAL LAWS AMENDMENT
No.3
22. By the repeal of section 1% and the substitution of the following sections-
"196 Liability of principals
(1) Subject to this Part, where a person having authority, whether
lawful or otherwise, over an actual perpetrator authorises the actual
perpetrator to commit a crime(a)
knowing that the actual perpetrator intends to commit the
crime; or
(b)
realising that there is a real risk or possibility that an actual
perpetrator intends commit a crime;
and the person so authorising is not present with the actual perpetrator
during the commission of the crime, the conduct of the actual perpetrator
shall be deemed also to be the conduct of that person (hereafter in this
Part referred to as "the principal").
(2) Subject to sections 196B and 200, the liability of a principal
shall not differ in any respect from the liability of the actual perpetrator,
unless the principal satisfies the court that there are special circumstances
peculiar to him or her or to the case (which circumstances shall be recorded
by the court) why the same penalty as that imposed on the actual perpetrator
should not be imposed on him or her.
(3) Where the actual perpetrator of a crime authorised by a principal
is entitled to rely upon a defence referred to Part V or VI of Chapter XIV
or any other defence which excuses the actual perpetrator from liability
or reduces his or her liability for the crime concemed(a)
the principal shall be liable as if he or she is the actual
perpetrator; and
(b)
the principal shall not be entitled to rely upon that defence
unless he or she would be entitled to rely upon it if he or she
were charged as an actual perpetrator ofthe crime concerned.
(4) A person charged with being the principal of a crime may be
found guilty as a co-perpetrator of the crime or of assisting the actual
perpetrator of the crime as an accomplice or accessory if such are the
facts proved.
196A Liability of co-perpetrators
( 1) If two or more persons are accused of committing a crime in
association with each other and the State adduces evidence to show that
each of them had the requisite mens rea to commit the crin1e, whether
by virtue of having the intention to commit it or the knowledge that it
would be committed, or the realisation of a real risk or possibility that
a crime of the kind in question would be committed, then they may be
convicted as co-perpetrators, in which event the conduct of the actual
perpetrator (even if none of them is identified as the actual perpetrator)
shall be deemed also to be the conduct of every co-perpetrator, whether
or not the conduct of the co-perpetrator contributed directly in any way
to the commission of the crime by the actual perpetrator.
(2) The following shall be indicative (but not, in themselves,
necessarily decisive) factors tending to prove that two or more persons
accused of committing a crime in association with each other together
had the requisite mens rea to commit the crime, namely, if they87
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