Criminal Code Act. Australia
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Название: Criminal Code Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392081615

isbn:

СКАЧАТЬ 4D of the Crimes Act 1914, these penalties are only maximum penalties. Subsection 4B(2) of that Act allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount not greater than 5 times the maximum fine that the court could impose on an individual convicted of the same offence. Penalty units are defined in section 4AA of that Act.

      11.5 Conspiracy

      (1) A person who conspires with another person to commit an offence punishable by imprisonment for more than 12 months, or by a fine of 200 penalty units or more, is guilty of the offence of conspiracy to commit that offence and is punishable as if the offence to which the conspiracy relates had been committed.

      Note: Penalty units are defined in section 4AA of the Crimes Act 1914.

      (2) For the person to be guilty:

      (a) the person must have entered into an agreement with one or more other persons; and

      (b) the person and at least one other party to the agreement must have intended that an offence would be committed pursuant to the agreement; and

      (c) the person or at least one other party to the agreement must have committed an overt act pursuant to the agreement.

      (2A) Subsection (2) has effect subject to subsection (7A).

      (3) A person may be found guilty of conspiracy to commit an offence even if:

      (a) committing the offence is impossible; or

      (b) the only other party to the agreement is a body corporate; or

      (c) each other party to the agreement is at least one of the following:

      (i) a person who is not criminally responsible;

      (ii) a person for whose benefit or protection the offence exists; or

      (d) subject to paragraph (4)(a), all other parties to the agreement have been acquitted of the conspiracy.

      (4) A person cannot be found guilty of conspiracy to commit an offence if:

      (a) all other parties to the agreement have been acquitted of the conspiracy and a finding of guilt would be inconsistent with their acquittal; or

      (b) he or she is a person for whose benefit or protection the offence exists.

      (5) A person cannot be found guilty of conspiracy to commit an offence if, before the commission of an overt act pursuant to the agreement, the person:

      (a) withdrew from the agreement; and

      (b) took all reasonable steps to prevent the commission of the offence.

      (6) A court may dismiss a charge of conspiracy if it thinks that the interests of justice require it to do so.

      (7) Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also to the offence of conspiracy to commit that offence.

      (7A) Any special liability provisions that apply to an offence apply also to the offence of conspiracy to commit that offence.

      (8) Proceedings for an offence of conspiracy must not be commenced without the consent of the Director of Public Prosecutions. However, a person may be arrested for, charged with, or remanded in custody or on bail in connection with, an offence of conspiracy before the necessary consent has been given.

      11.6 References in Acts to offences

      (1) A reference in a law of the Commonwealth to an offence against a law of the Commonwealth (including this Code) includes a reference to an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) of this Code that relates to such an offence.

      (2) A reference in a law of the Commonwealth (including this Code) to a particular offence includes a reference to an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) of this Code that relates to that particular offence.

      (3) Subsection (1) or (2) does not apply if a law of the Commonwealth is expressly or impliedly to the contrary effect.

      (4) In particular, an express reference in a law of the Commonwealth to:

      (a) an offence against, under or created by the Crimes Act 1914; or

      (b) an offence against, under or created by a particular provision of the Crimes Act 1914; or

      (c) an offence arising out of the first-mentioned law or another law of the Commonwealth; or

      (d) an offence arising out of a particular provision; or

      (e) an offence against, under or created by the Taxation Administration Act 1953;

      does not mean that the first-mentioned law is impliedly to the contrary effect.

      Note: Sections 11.2 (complicity and common purpose), 11.2A (joint commission), and 11.3 (commission by proxy) of this Code operate as extensions of principal offences and are therefore not referred to in this section.

      Part 2.5

      Corporate criminal responsibility

      Division 12

      12.1 General principles

      (1) This Code applies to bodies corporate in the same way as it applies to individuals. It so applies with such modifications as are set out in this Part, and with such other modifications as are made necessary by the fact that criminal liability is being imposed on bodies corporate rather than individuals.

      (2) A body corporate may be found guilty of any offence, including one punishable by imprisonment.

      Note: Section 4B of the Crimes Act 1914 enables a fine to be imposed for offences that only specify imprisonment as a penalty.

      12.2 Physical elements

      If a physical element of an offence is committed by an employee, agent or officer of a body corporate acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, the physical element must also be attributed to the body corporate.

      12.3 Fault elements other than negligence

      (1) If intention, knowledge or recklessness is a fault element in relation to a physical element of an offence, that fault element must be attributed to a body corporate that expressly, tacitly or impliedly authorised or permitted the commission of the offence.

      (2) The means by which such an authorisation or permission may be established include:

      (a) proving that the body corporate’s board of directors intentionally, knowingly or recklessly carried out the relevant conduct, or expressly, tacitly or impliedly authorised or permitted the commission of the offence; or

      (b) СКАЧАТЬ