Criminal Law Code as at 1st March 2007
been charged as an actual perpetrator of the crime concerned, to the extent that the defence
relates to or is based on any fact or circumstance which is an essential element of the crime as
committed by both the actual perpetrator and an accessory:
Provided that a person charged as an accessory shall be guilty of being an accessory to a
lesser crime where he or she is entitled to rely on a partial defence which would render a person
charged with committing that particular crime guilty of the lesser crime.
212
Where accessory liability is concurrent or does not apply
This Part shall not affect the liability of any person⎯
(a) in terms of section fifty-eight or any other provision of this Code or in terms of any
other enactment relating to the rendering of assistance to offenders;
(b) to be convicted of the crime of treason or any other crime which is committed through
the rendering of assistance or failure to report the crime, or of which the rendering of
assistance or a failure to report is an element;
(c) to be convicted as an actual perpetrator of the crime of theft or any other continuing
crime.
CHAPTER XIV
GENERAL DEFENCES AND MITIGATING FACTORS
PART I
PRELIMINARY
213
Interpretation in Chapter XIV
In this Chapter⎯
“complete defence” means a defence to a criminal charge which completely absolves the
accused from criminal liability;
“partial defence” means a defence to a criminal charge which does not completely absolve
the accused from criminal liability but instead renders the accused liable to conviction
for a lesser crime.
214
Defences and mitigating factors not limited to those mentioned in Chapter
XIV
The defences and mitigating factors which an accused may successfully raise are not limited
to those set out in this Chapter.
215
Defence to one crime not necessarily defence to other crimes
The fact that a person has a complete or partial defence in relation to conduct which is an
essential element of a particular crime shall not prevent that person from being charged with and
convicted of any other crime of which that conduct is not an essential element.
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