(b) who, having authority, whether lawful or otherwise, over an actual perpetrator and (i) knowing that an actual perpetrator intends to commit a crime; or (ii) realising that there is a real risk or possibility that an actual perpetrator intends to commit a crime; authorises the actual perpetrator to commit the crime; or (c) who (i) knowing that an actual perpetrator intends to commit a crime; or (ii) realising that there is a real risk or possibility that an actual perpetrator intends to commit a crime; renders to the actual perpetrator any form of assistance which enables, assists or encourages the actual perpetrator to commit the crime; “actual perpetrator”, in relation to a crime, means a person who, with the requisite state of mind actually does, completes or omits to do anything the doing, completion or omission of which constitutes that crime; “co-perpetrator” means a person referred to in subsection (1) of section one hundred and ninety-six. 196 Liability of co-perpetrators (1) Subject to this section, where (a) two or more persons knowingly associate with each other with the intention that each or any of them shall commit or be prepared to commit any crime; and (b) any one of the persons referred to in paragraph (a) (“the actual perpetrator”) commits the crime; and (c) any one of the persons referred to in paragraph (a) other than the actual perpetrator (“the coperpetrator”) is present with the actual perpetrator during the commission of the crime; the conduct of the actual perpetrator shall be deemed also to be the conduct of every co-perpetrator, whether or not the conduct of the co-perpetrator contributed directly in any way to the commission of the crime by the actual perpetrator. (2) If the State has established that two or more accused persons— (a) were associated together in any conduct that is preparatory to the conduct which resulted in the crime for which they are charged; or (b) engaged in any criminal behaviour as a team or group prior to the conduct which resulted in the crime for which they are charged; and that they were present at or in the immediate vicinity of the scene of the crime in circumstances which implicate them directly or indirectly in the commission of that crime, then it shall be presumed, unless the contrary is shown, that— (c) they knowingly associated with each other for a criminal purpose; and (d) the crime actually committed— (i) was the crime for the commission of which they associated with each other; or (ii) was, if not the specific crime for the commission of which they associated with each other, a crime whose commission they realised was a real risk or possibility. (3) If any accused person referred to in subsection (2) who is not the actual perpetrator of the crime— (a) does not discharge the burden mentioned in subparagraph (i) or (ii) of paragraph (d) of subsection (2), his or her liability as the co-perpetrator of the crime shall not differ in any respect from the liability of the actual perpetrator, unless he or she satisfies the court that there are special circumstances peculiar to him or her or to the case (which circumstances shall be recorded by the court) why the same penalty as that imposed on the actual perpetrator should not be imposed on him or her; or (b) discharges the burden mentioned in subparagraphs (i) and (ii) of paragraph (d) of subsection (2), he or she shall be found guilty of assisting the actual perpetrator of the crime as an accomplice or accessory. [Paragraph amended by section 31 of Act 9 of 2006.] (4) Where there is a dispute between or among two or more accused persons referred to in subsection (1) as to the identity of the actual perpetrator (which dispute cannot be resolved by reference to the evidence that is available to the State) the burden of proving that any particular accused person did not actually perpetrate the crime shall rest with that person. (5) If any of the accused persons referred to in subsection (4) fails to discharge the burden there referred to and the actual perpetrator is not identified, the accused person or persons concerned shall be liable for punishment as if he or she or each of them was the actual perpetrator. (6) It shall not be necessary to prove that there was a prior conspiracy to commit the crime for the commission of which a person is associated with another person or other persons in order for a court to find that any person is liable as a co-perpetrator of any crime. (7) A person charged with being a co-perpetrator of crime may be found guilty of assisting the actual perpetrator of the crime as an accomplice or accessory if such are the facts proved.