Section 21 - Abetment and the commission of a different criminal offence

(1) Where a person abets a particular criminal offence, or abets a criminal offence against or in respect of a particular person or thing and the person abetted actually commits a different criminal offence, or commits the criminal offence against or in respect of a different person or thing, or in a manner different from that which was intended by the abettor, and

(a) it appears that the criminal offence actually committed was not a probable consequence of the endeavour to commit, nor was substantially the same as the criminal offence which the abettor intended to abet, nor was within the scope of the abetment, the abettor is punishable for abetment of the criminal offence which the abettor intended to abet in the manner provided by this Chapter with respect to the abetment of criminal offences which are not actually committed; and

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

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

Illustrations

Subsection (1)

1. A incites B to commit robbery by threats, without violence on C. B in attempting to commit the robbery, is resisted, and murders C. Here A commits the criminal offence of abetting robbery, and not of murder.

2. A incites B to steal a horse. B, in pursuance of the incitement, gets the horse by false pretences. Here A commits the criminal offence of abetting the criminal offence which B has committed.

Subsection (2) A number of persons assemble together for the purpose of breaking open a prison and releasing a prisoner by force. Some of them are armed. If murder is committed by one of these in breaking open the prison, all of the persons, whether armed or not, who took part in or otherwise abetted the breaking open the prison, have committed the criminal offence of abetting murder, if they knew that arms were carried and were intended or likely to be used.