Criminal law – Incitement – Aiding, abetting, counselling or procuring – Criminal Code 2002 (ACT), ss 45, 47 – Where respondent charged with offence of incitement – Where prosecution alleged that respondent intentionally urged another person to procure third person to commit offence of kidnapping – Where offence of kidnapping not committed – Whether respondent urged commission of offence – Whether offence of incitement to procure offence exists under Criminal Code – Whether aiding, abetting, counselling or procuring commission of principal offence a discrete offence.
Words and phrases – "discrete offence", "incitement", "incitement to incite", "incitement to procure", "principal offence", "substantive offence".
Criminal Code 2002 (ACT) – Pt 2.4.
Criminal Code (Cth) – s 11.4.
Crimes Act 1914 (Cth) – ss 5, 7A.
Judgment date
Case number
C3/2017
Before
Kiefel CJ, Bell, Gageler, Nettle, Gordon JJ
Catchwords