Section 39. Liability of abettor when one act is abetted and a different act is done. (SYARIAH CRIMINAL (NEGERI SEMBILAN) ENACTMENT 1992 -

Enactment No. 4 of 1992
SYARIAH CRIMINAL (NEGERI SEMBILAN) ENACTMENT 1992 -

PART III OF ABETMENT

Section 39. Liability of abettor when one act is abetted and a different act is done.

When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner, and to the same extent, as if he had directly abetted it:

Provided the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment.

ILLUSTRATION

A. instigates a child, who has not attained the age of baligh to pour liquor in Z.'s glass and gives him the liquor for that purpose. The child, in consequence of the instigation, by mistake pours the liquor into Y's glass which is by the side of that of Z.'s glass. Here, if the child was acting under the influence of A.'s instigation, and the act done was under the circumstances a probable consequence of the abetment. A. is liable in the same manner, and to the same extent, as if he had instigated the child to pour the liquor into Y.'s glass.