Aiding, abetting etc

Offence title:

Aiding, abetting etc

Act:

249F Crimes Act (NSW)

Offence:

(1)   A person who aids, abets, counsels, procures, solicits or incites the commission of an offence under ss.249B, 249C, 249D or 249E, commits an offence.

(2)   A person who, in New South Wales, aids, abets, counsels or procures the commission of an offence in any place outside New South Wales, being an offence punishable under the provisions of a law in force in that place which corresponds to a provision of this Part, being ss.249B, 249C, 249D or 249E, commits an offence.

Penalty:

(1)   Imprisonment 7 years.

(2)   Imprisonment 7 years.

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local, District or Supreme Court.

How committed:

(1)   Anyone who helps or promotes the commission of an offence under ss.249B, 249C, 249D or 249E, commits this offence.

(2)   Anyone who, in NSW, helps or promotes the commission of an offence outside NSW, which corresponds with offences the same, or similar to offences under ss.249B, 249C, 249D or 249E, commits this offence.

Important note:

s.249G Repayment of value of gift etc

(1)   If a person is convicted of an offence under this Part, the court may (as well as imposing a penalty for the offence) order the person to pay to such other person as the court directs the whole or part of the amount or the value, assessed by the court, of any benefit received or given by the person.

(2)   Any money payable to a person under this section may be recovered in a court of competent jurisdiction as a debt due to the person.

s.249H Disqualification for office

If a person is convicted of an offence under this Part, the person is disqualified from holding civic office for the purposes of the Local Government Act 1993, for the period of 7 years from the conviction or such lesser period as the court may order.

s.249I Dismissal of trivial case

If, in any proceedings for an offence under this Part, it appears to the court that the offence is of a trivial or merely technical nature, the court may in its discretion dismiss the case.

s.249J Custom not a defence

In any proceedings for an offence under this Part, it is not a defence that the receiving, soliciting, giving or offering of any benefit is customary in any trade, business, profession or calling.