2016
No.3
(a)
were present at or in the immediate vicinity of the scene of
the crime in circumstances which it11plicate them directly
or indirectly in the commission of that crime; or
(b)
were associated together in any conduct that is preparatory
to the conduct which resulted in the c1ime for which they
are charged; or
(c)
engaged in any criminal behaviour as a team or group prior
to the conduct which resulted in the crime for which they
are charged.
(3) 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.
1968 Principals and co-perpetrators convicted of murder
For the avoidance of doubt it is declared that in sentencing a principal
or two or more co-perpetrators for murder a court shall not impose a
death sentence except where the murder is committed in aggravating
circumstances as provided in section 47(2) and (3), and in any event
mm;t not impose the death sentence upon a principal, perpetrator or coperpetrator who(a) was less than twenty-one years old when the offence was
committed; or
(b) is more than seventy years old; or
(c) is a woman.".
23. In section 197 ("Liability of accomplices") by the repeal of subsection (2)
and the substitution of"(2) For the avoidance of doubt it is declared that an accomplice to the
commission of a crime is liable to be charged and convicted as such even where(a) the actual perpetrator is produced as a witness on behalf of the
prosecution; or
(b) for any reason, it has not been possible to bring the actual perpetrator
to trial.".
24. In section 198 ("Types of assistance to which accomplice liability applies")-
(a)
in subsection (1) by the repeal of paragraphs (e), (f), (g) and (h);
(b)
by the insettion of the following subsection, the present section becoming
subsection (1)"(2) In addition to the forms of assistance mentioned in
subsection (1), the following forms of assistance given to an actual
perpetrator of a crime, namely(a)
holding oneself available to give assistance in the
commission of the crime, in the event of such assistance
being required; or
(b)
immobilising or incapacitating the victim of the crime
to enable the crime to be committed; or
(c)
canying implements or other things by which or with the
aid of which the crime is committed; or
(d)
keeping watch for or guarding against intervention or
discovery while the crime is being committed;
shall render the assister an accomplice unless-88
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