Western Australian Current Acts

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MISUSE OF DRUGS ACT 1981 - SECT 33

33 .         Attempts, conspiracies, incitements and accessories after the fact

        (1)         A person who attempts to commit an offence under this Act (the principal offence ) commits —

            (a)         if the principal offence is a crime, the crime; or

            (b)         if the principal offence is a simple offence, the simple offence,

                and is liable on conviction to the same penalty to which a person who commits the principal offence is liable.

        (2)         A person who conspires with another to commit an offence under this Act (the principal offence ) commits — 

            (a)         if the principal offence is a crime under section 6(1) that does not involve methylamphetamine, the crime, but is liable on conviction to the penalty referred to in section 34(1)(b); or

            (b)         if the principal offence is a crime under section 7(1), the crime, but is liable on conviction to the penalty referred to in section 34(1)(ba); or

            (c)         if the principal offence is a simple offence or a crime other than a crime referred to in paragraph (a) or (b), the simple offence or the crime, as the case requires, and is liable on conviction to the same penalty to which a person who commits the principal offence is liable.

        (3)         A person who incites another person to commit, or becomes an accessory after the fact to, an offence under this Act (the principal offence ) commits —

            (a)         if the principal offence is a crime, the crime; or

            (b)         if the principal offence is a simple offence, the simple offence,

                but is liable on conviction —

            (c)         to a fine not exceeding half of the fine to which a person who commits the principal offence is liable; and

            (d)         to imprisonment for a term not exceeding —

                  (i)         14 years, in a case where the person who commits the principal offence is liable to imprisonment for life; and

                  (ii)         half of the term to which a person who commits the principal offence is liable, in any other case.

        [Section 33 amended: No. 4 of 2004 s. 58; No. 62 of 2004 s. 8; No. 3 of 2017 s. 6.]



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