THE PALESTINE
980
GAZETTE
28th September, 1936
A person is deemed to aid i f he is present at the place
where an offence is committed for the purpose of overawing
opposition or of strengthening the resolution of the actual
perpetrator or of ensuring the carrying out of an intended
offence;
(d)
every person who, wdiether or not he is present at the
time the offence is committed, counsels or procures any
other person to commit the offence.
(2) I n the case stated i n sub-section (1) (d) the person may
be charged either w i t h committing the offence or w i t h counselling
or procuring its commission.
(3) A conviction for counselling or procuring the commission
of an offence entails the same consequences i n a l l respects as a
conviction for committing the offence.
(4) A n y person who procures another to do or omit to do any
act of such a nature that, if he had himself done the act or made the
omission, the act or omission would have constituted an offence
on his part, is guilty of an offence of the same k i n d , and is liable
to the same punishment, as if he had himself done the act or
made the omission; and he may be charged w i t h himself doing
the act or making the omission.
Offences committed i n
prosecution of
common
purpose.
24. W h e n two or more persons form a common intention to
prosecute an unlawful purpose i n conjunction w i t h one another,
and i n the prosecution of such purpose any offence or offences is
or are committed of such a nature that the commission is a probable consequence of the prosecution of such purpose, each of such
persons being present at the commission of any of such offences
is deemed to have committed the offence or offences committed.
Mode of execu-
25.—(1) W h e n a person counsels another to commit an offence,
^
offence is actually committed after such counsel by the
person to whom it is given, it is immaterial whether the offence
actually committed is the same as that counselled or a different one,
or whether the offence is committed i n the way counselled or i n a
different way, provided i n either case that the facts constituting
the offence actually committed are a probable consequence of
carrying out the counsel.
tion immaterial.
(2) I n either case the person who gave the counsel is deemed
to have counselled the other person to commit the offence actually
committed by h i m :
Provided that if any person who has procured or counselled i n
any way another person to commit an offence and before the commission thereof has countermanded the commission, he shall
not be deemed to have committed the offence if it is subsequently
committed.
Accessories
after fact.
26.—(1) E v e r y person other than the father, mother, son,
daughter, or husband, or wife of the offender who, knowing an
offence to have been committed by another person, receives or
assists such other person i n order to enable h i m to escape
punishment is said to become an accessory after the fact to the
offence:
Provided that a wife shall not become an accessory after the
fact by receiving or assisting i n her husband's presence and by
his authority another person who is guilty of an offence i n the
commission of which her husband has taken part i n order to
enable that other person to escape punishment.