(8) For the avoidance of doubt it is declared that this section may not be used to convict a co-perpetrator of murder unless he or she was present with the actual perpetrator while the victim was still alive and before a mortal wound or mortal wounds had been inflicted. 197 Liability of accomplices (1) Subject to this Part, an accomplice shall be guilty of the same crime as that committed by the actual perpetrator whom the accomplice incited, conspired with or authorised or to whom the accomplice rendered assistance. (2) An accomplice may be found guilty of the crime committed by the actual perpetrator whom the accomplice incited, conspired with or authorised or to whom the accomplice rendered assistance, even if  (a) the accomplice lacks the ability or capacity to commit the crime himself or herself; or (b) the accomplice is only aware of the fact that the conduct of the actual perpetrator is unlawful but unaware of the nature of the crime being committed or to be committed by the perpetrator or the manner in which it is committed; or (c) the actual perpetrator is unaware of any assistance rendered by the accomplice. (3) Where a person does or omits to do anything which would make him or her an accomplice to the commission of a crime by another person, but for the fact that the other person is entitled to rely upon a defence which excuses that other person from liability or reduces that other person’s liability for the crime concerned  (a) the first-mentioned person shall be liable as an accomplice in terms of subsection (1) as if the other person were an actual perpetrator; and (b) the first-mentioned person shall not be entitled to rely upon that defence unless he or she would be entitled to rely upon it if he or she were charged as an actual perpetrator of the crime concerned. 198 Types of assistance to which accomplice liability applies Without limiting the expression, any of the following forms of assistance, when given to an actual perpetrator of a crime, shall render the assister an accomplice (a) supplying the means to commit the crime; or (b) supplying transport to enable the actual perpetrator to reach the scene of the crime; or (c) supplying information to enable the actual perpetrator to locate or identify his or her victim or to acquire knowledge of the place where the crime is to be committed; or (d) making premises of which the assister is the owner or occupier available for the commission of the crime; or (e) holding oneself available to give assistance in the commission of the crime, in the event of such assistance being required; or (f) immobilising or incapacitating the victim of the crime to enable the crime to be committed; or (g) carrying implements or other things by which or with the aid of which the crime is committed; or (h) keeping watch for or guarding against intervention or discovery while the crime is being committed. 199 Liability of accomplice for further crimes committed by actual perpetrator Where an actual perpetrator commits a crime that is different from or additional to the crime intended by the accomplice when the accomplice incited, conspired with, authorised or assisted the actual perpetrator, the accomplice shall be guilty of that different or additional crime if, when the accomplice incited, conspired with, authorised or assisted the actual perpetrator, the accomplice realised that there was a real risk or possibility that the actual perpetrator might commit the different or additional crime. 200 Withdrawal from crime by accomplice An accomplice shall not be guilty of a crime committed by an actual perpetrator if, before the crime has been committed, the accomplice voluntarily desists from further incitement of, conspiracy with, or authorisation or assistance to the actual perpetrator and either (a) renders wholly ineffective his or her previous incitement, conspiracy, authorisation or assistance; or (b) gives warning of the crime to a police officer or other person with authority to prevent the commission of the crime, in sufficient time to enable the police officer or other person to prevent its commission. 201 Accomplice liability for extra- territorial acts and crimes Where a crime is committed (a) inside Zimbabwe; or (b) outside Zimbabwe in the case of a crime constituted by extra-territorial acts or omissions; and any person does or omits to do anything outside Zimbabwe which, if done or omitted in Zimbabwe would render the person an accomplice to that crime, such person may be charged in Zimbabwe as an accomplice to that crime.

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