Criminal Law Code as at 1st March 2007 (a) who incites or conspires with an actual perpetrator to commit a crime, with the result that a crime is subsequently committed; or (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 co-perpetrator”) 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 coperpetrator, 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 - 112 -