Page:Syariah Penal Code Order, 2013.pdf/32

This page has been proofread, but needs to be validated.

BRUNEI DARUSSALAM GOVERNMENT GAZETTE


Illustration

A instigates B to instigate C to commit qatl against D. B accordingly instigates C to commit qatl against D and C commits that offence in consequence of B' s instigation. B is liable to be punished for his offence with the punishment for qatl; and, as A instigate B to commit the offence, A is also liable to the punishment of abetment of qatl.

Explanation 5—It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed.

Illustration

A concerts with B a plan to commit qatl by using poison on Z. It is agreed that A shall administer the poison. B then explains the plan to C, mentioning that a third person is to administer the poison, but without mentioning A's name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison. Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has died. C has therefore committed the offence defined in this section, and is liable to the punishment for abetment of qatl by using poison.

Common intention.

39. When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

Abetment in Brunei Darussalam of offences outside Brunei Darussalam.

40. A person abets an offence within the meaning of this Order if—

(a) he, within Brunei Darussalam, abets the commission of any act outside Brunei Darussalam; or
(b) he, outside Brunei Darussalam, abets the commission of any act within Brunei Darussalam if the act would constitute an offence if committed in Brunei Darussalam.

Illustration

A, in Brunei Darussalam, instigates B, a foreigner in Singapore, to commit qatl in Singapore. A is guilty of abetting qatl.

1692