5.10.1 - Charge: Commission by Proxy

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How to use this charge

This charge should be inserted into a charge for the substantive offence after the judge lists the elements and before the judge explains the elements.

The judge will then need to adapt the directions on the elements of the offence, depending on the type of element in question:

  • Physical element of conduct – Did NOA cause NO3P to do this?
  • Physical element consisting of circumstance or result – Did this circumstance or result exist (if relevant, in relation to NOA)?
  • Fault element – Did NOA have this fault element?

In this case, the prosecution has not alleged that NOA committed the offence him/herself. Instead, the prosecution has alleged that s/he committed it by using a proxy, NO3P.

The law says that if the accused causes another person to commit criminal acts, the accused is legally responsible for those acts.

So when I direct you about the elements, you will notice that the question for some elements is whether NOA caused NO3P to engage in certain conduct.

Last updated: 12 April 2018

See Also

5.10 - Commission by Proxy (Commonwealth offences)