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Aiding, Abetting, Counselling or Procuring an offence finalised in the Local Court is an offence under section 546 of the Crimes Act 1900, which carries the same maximum penalty as the aided, abetted, counselled or procured offence itself.

To establish the crime, the prosecution must prove beyond reasonable doubt that:

  1. You aided, abetted, counselled or procured an offence
  2. You did so in relation to an offence in the Crimes Act, and
  3. Your case was dealt with summarily.

An offence is dealt with ‘summarily’ if it is finalised in the Local Court.

The defences to the charge as the same as those that apply to the substantive offence, which may include:

  1. Self-defence
  2. Duress, and
  3. Necessity.