'Abetting' in document 'Bahamas - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
GENERAL PROVISIONS

TITLE v
ABETMENT AND CONSPIRACY

86. Abetment of offence and trial, and punishment of abettor.

1) Whoever directly or indirectly, instigates, commands, counsels, procures, solicits or in any manner purposely aids, facilitates, encourages or promotes, whether by his act or presence or otherwise, and every person who does any act for the purpose of aiding, facilitating, encouraging or promoting the commission of an offence by any other person, whether known or unknown, certain or uncertain, is guilty of abetting that offence, and of abetting the other person in respect of that offence .

BOOK I
GENERAL PROVISIONS

TITLE v
ABETMENT AND CONSPIRACY

86. Abetment of offence and trial, and punishment of abettor.

(2) Whoever abets a crime or offence shall, if the same is actually committed in pursuance or during the con¬tinuance of the abetment, be deemed guilty of that crime or offence.

(3) Whoever abets a crime shall, if the crime is not actually committed, be punishable as follows, that is to say —

(a) if the commission of the crime is prevented by reason only of accident, or of circumstances or events independent of the will of the abettor, the abettor shall, where the crime abetted was murder, be liable to imprisonment for life, or shall, where the crime abetted was any crime other than murder, be punishable in the same manner as if the crime had been actually committed in pursuance of the abetment;

(b) in any other case the abettor shall, if the crime which he abetted was a felony, be deemed guilty of felony, or shall, if such crime was a misdemeanour, be deemed guilty of a misdemea¬nour.

(4) Whoever abets a crime or an offence shall be punishable on indictment or on summary conviction, according as he would be punishable for committing that crime or offence.

(5) An abettor may be tried before, with, or after a person abetted, and although the person abetted is dead or is otherwise not amenable to justice; and any number of abettors at different times to an offence may likewise be tried together.

(6) An abettor may be tried, before, with, or after any other abettor, whether he and such other abettor abetted each other in respect of the offence or not, and whether they abetted the same or different parts of the offence.

(7) An abettor shall have the benefit of any matter of exemption, justification or extenuation to which he is entitled under this Code, notwithstanding that the person abetted or any other abettor is not entitled to the like benefit.

(8) Whoever within the jurisdiction of the courts, abets the doing beyond the jurisdiction of an act which, if done within the jurisdiction, would be an offence shall be punishable as if he had abetted that offence .

BOOK I
GENERAL PROVISIONS

TITLE v
ABETMENT AND CONSPIRACY

87. Cases where one offence is abetted and a different offence is committed.

(1) Where a person abets a particular offence, or abets an offence against or in respect of a particular person or thing, and the person abetted actually commits a different offence, or commits the offence against or in respect of a different person or thing, or in a manner different from that which was intended by the abettor, the following provisions shall have effect, that is to say —

(a) if it appears that the offence actually committed was not a probable consequence of the endea-vour to commit, nor was substantially the same as the offence which the abettor intended to abet, nor was within the scope of the abetment, the abettor shall be punishable for his abetment of the offence which he intended to abet in the manner provided by this Title with respect to the abetment of offences which are not actually committed;

(b) in any other case, the abettor shall be deemed to have abetted the offence which was actually committed, and shall be liable to punishment accordingly.

(2) If a person abets a riot or unlawful assembly, with the knowledge that unlawful violence is intended or is likely to be used, he is guilty of abetting violence of any kind or degree which is committed by any other person in executing the purposes of the riot or assembly, although he did not expressly intend to abet violence of that kind or degree.

BOOK I
GENERAL PROVISIONS

TITLE v
ABETMENT AND CONSPIRACY

90. Punishment for conspiracy.

(1) If two or more persons are guilty of conspiracy for the commission or abetment of any offence, each of them shall, in case the offence is committed, be punished as for that offence according to the provisions of this Code, or shall, in case the offence is not committed, be punished as if he had abetted the offence.

(2) Any court having jurisdiction to try a person for an offence shall have jurisdiction to try a person or persons charged with conspiracy to commit or abet that offence .

RELEVANT ROME STATUTE PROVISIONS

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission