Page:Criminal Code Act 1995 (Australia Commonwealth).pdf/21

Criminal CodeNo 12, 1995 SCHEDULE—continued :(b) if the offence incited is punishable by imprisonment for 14 years or more, but is not punishable by life imprisonment—imprisonment for 7 years; or
 * (c) if the offence incited is punishable by imprisonment for 10 years or more, but is not punishable by imprisonment for 14 years or more—imprisonment for 5 years; or
 * (d) if the offence is otherwise punishable by imprisonment—imprisonment for 3 years or for the maximum term of imprisonment for the offence incited, whichever is the lesser; or
 * (e) if the offence incited is not punishable by imprisonment—the number of penalty units equal to the maximum number of penalty units applicable to the offence incited.

Note: Under section 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.

Conspiracy

11.5(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.

(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