CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

PART 7—EXTENSIONS OF CRIMINAL RESPONSIBILITY
(ATTEMPTS, COMPLICITY, INCITEMENT ETC.)

Complicity and common purpose

45.— (1) A person who aids, abets, counsels or procures the commission of an offence by another person is taken to have committed that offence and is punishable accordingly.

(2) for the person to be guilty—

(a) the person’s conduct must have in fact aided, abetted, counselled or procured the commission of the offence by the other person ; and
(b) the offence must have been committed by the other person.

(3) Subject to sub-section (6), for the person to be guilty, the person must have intended that—

(a) his or her conduct would aid, abet, counsel or procure the commission of any offence (including its fault elements) of the type the other person committed ; or
(b) his or her conduct would aid, abet, counsel or procure the commission of an offence and have been reckless about the commission of the offence (including its fault elements) that the other person in fact committed.

(4) A person cannot be found guilty of aiding, abetting, counselling or procuring the commission of an offence if, before the offence was committed, the person—

(a) terminated his or her involvement ; and
(b) took all reasonable steps to prevent the commission of the offence.

(5) A person may be found guilty of aiding, abetting, counselling or procuring the commission of an offence even if the principal offender has not been prosecuted or has not been found guilty.

(6) Any special liability provisions that apply to an offence apply also to the offence of aiding, abetting, counselling or procuring the commission of that offence.

(7) If the trier of fact is satisfied beyond reasonable doubt that a person either—

(a) is guilty of a particular offence otherwise than because of the operation of sub-section (1) ; or
(b) is guilty of that offence because of the operation of sub-section (1)—
but is not able to determine which, the trier of fact may nonetheless find the person guilty of that offence.

''PART II — PUNISHMENT OF OFFENDERS AGAINST THE CONVENTIONS AND PROTOCOL I, Punishment of other breaches of the Conventions and Protocols''

4.—( I ) Any person, whatever his or her nationality, who in Republic of Fiji Islands, commits, or aids, abets or procures any other person to commit, a breach of any o f the Conventions or Protocols not covered by section 3 is guilty of an indictable offence.

''Part IV-ARRANGEMENTS FOR PERSONS TO GIVE EVIDENCE OR ASSIST INVESTIGATIONS, Division 1 - Requests by Fiji, 22. Aiding person to escape etc.''

Section 139 of the Penal Code and section 79 of the Prisons Act relating to harbouring an escapee will apply while a person is in custody in Fiji pursuant to a request to a foreign country by Fiji under this Act.

''Part V-CUSTODY OF PERSONS IN TRANSIT, 28. Aiding person to escape etc.''

Section 139 of the Penal Code relating to aiding a prisoner to escape and section 79 of the Prisons Act relating to harbouring an escapee apply while a person is in custody in Fiji under the provisions of this Act.