Commentary on Sections Part 2: Encouraging or Assisting Crime.Inchoate offences Section 44: Intentionally encouraging or assisting an offence
144.This section creates a new offence of intentionally encouraging or assisting an offence.
145.Subsection (1) sets out what a person must do to commit the offence. He must do an act capable of encouraging or assisting the commission of an offence and intend to encourage or assist its commission.
146.Subsection (2) provides further definition as to what is meant by “intention” in this clause, making it clear that foresight of consequences is not sufficient to establish intention.