Samoa

Crimes Act 2013

PART V
PARTIES TO THE COMMISSION OF THE OFFENCES

38. Conspiracy to commit an offence-

(1) A person who conspires with any person to commit any offence, or to do or omit, in any part of the world, anything of which the doing or omitting in Samoa would be an offence, commits the crime of conspiracy to commit that offence and is liable to imprisonment for a term not exceeding seven (7) years, if the maximum penalty for that offence exceeds seven (7) years, or in any other case is liable to the punishment as if he or she had committed that offence.

(2) The provisions of subsection (1) as to the penalty for conspiring to commit an offence do not apply where the punishment for the conspiracy is prescribed in any other enactment.

(3) Where under this section any one is charged with conspiring to do or omit anything anywhere outside Samoa, it is a defence to prove that the doing or omission of the act to which the conspiracy relates was not an offence under the law of the place where it was, or was to be, done or omitted.


39. Attempt to commit or procure commission of offence-

(1) A person who attempts to commit any offence in respect of which no punishment for the attempt is expressly prescribed by this Act or by some other enactment is liable to imprisonment for a term not exceeding 10 years if the maximum penalty for that offence is imprisonment for life, and in any other case is liable to not more than half the maximum penalty to which he or she would have been liable if he or she had committed that offence.

(2) Everyone who is accessory after the fact to any crime punishable by imprisonment, being a crime in respect of which no express provision is made by this Act or by some other enactment for the punishment of an accessory after the fact, is liable to imprisonment for a term not exceeding five (5) years if such maximum penalty is imprisonment for 10 years or more; and in any other case is liable to not more than half the maximum punishment to which he or she would have been liable if he or she had committed the crime.

Keywords

National penalties - maximum penalty
National penalties - national proceedings



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