Victorian Current Acts

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    (1)     Subject to this Act, where a person in Victoria or elsewhere incites any other person to pursue a course of conduct which will involve the commission of an offence by—

        (a)     the person incited;

        (b)     the inciter; or

        (c)     both the inciter and the person incited

if the inciting is acted on in accordance with the inciter's intention, the inciter is guilty of the indictable offence of incitement.

    (2)     For a person to be guilty under subsection (1) of incitement the person—

        (a)     must intend that the offence the subject of the incitement be committed; and

        (b)     must intend or believe that any fact or circumstance the existence of which is an element of the offence in question will exist at the time when the conduct constituting the offence is to take place.

    (3)     A person may be guilty under subsection (1) of incitement notwithstanding the existence of facts of which the person is unaware which make commission of the offence in question by the course of conduct incited impossible.

S. 321H inserted by No. 10079 s. 7(2), amended by No. 25/1989 s. 20(g).

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