PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Culpability
11. (1) Liability for any act or consequence of any act shall be imposed only if a person intended to perform that act or intended the consequences which form the subject of the criminal charge.

(2) A person intends to perform an act if he or she purposefully directs his or her will towards the performance of that act. A person intends the consequences of his or her act if-

(a) he or she acts knowing that the consequences will occur as a result of his or her action; or
(b) he or she acts while foreseeing that there is a real possibility of that consequence occurring and he or she is reckless as to whether or not the consequence occurs.

(3) Where it is a requirement of an offence that the accused should have known of the existence of a particular circumstance, then awareness on the part of the accused of the possibility of the existence of that circumstance, together with recklessness as to whether it existed, shall satisfy the requirement of knowledge in that case.

(4) A person is reckless in relation to a possible consequence if he or she knows that there is a substantial possibility that the consequence will occur and acts nonetheless, being indifferent as to whether or not the consequence occurs.

(5) Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is irrelevant so far as regards criminal liability.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Attempts
22. (1) If, with intent to commit a criminal offence, a person does an act which is more than merely preparatory to the commission of the offence, she or he commits the offence of an attempt to commit the offence.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Aiding and abetting
24. (1) Where an offence is committed, each of the following persons is liable and may be charged -

(a) a person who actually does the act or makes the omission which constitutes the offence;

(b) a person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;

(c) a person who, with the intention of giving assistance, is present at the scene of the crime within such distance from the perpetrator as to be in a position to render immediate assistance to him or her to evade arrest or conceal the offence;

(d) a person who counsels, procures or incites any other per-son to commit the offence.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Conspiracy
25. If a person agrees with another person or persons that a course of conduct shall be pursued or joins such agreement which, if carried out in accordance with their intentions, either -

(a) will lead to the commission of any offence by one or more of the parties to the agreement; or

(b) would do so but for the existence of facts which render the commission of the offence impossible,
he or she commits an offence of conspiracy to commit the offence or offences in question.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Shared intention or common purpose
26. (1) Where two or more persons share a common intention or purpose to pursue an unlawful purpose together, and in the pursuit of such purpose an offence is committed, then each party to the common intention is deemed to have committed the offence.

(2) There shall be no conviction in the circumstances under subsection (1) if it cannot be proved that the accused person could reasonably have been expected to have foreseen the commission of the offence.

Article 30
Mental element
1. Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.
2. For the purposes of this article, a person has intent where:
(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.
3. For the purposes of this article, "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. "Know" and "knowingly" shall be construed accordingly.