Criminal Law Code as at 1st March 2007 (a) the first-mentioned person shall be guilty as an accessory to a crime as if the person to whom he or she renders assistance 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 himself or she herself were charged as an actual perpetrator of the crime concerned. 208 Types of assistance to which accessory liability applies Without limiting the expression, any of the following forms of assistance, when given to an actual perpetrator of a crime, shall render a person liable as an accessory to the crime in terms of this Part⎯ (a) concealing, sheltering or feeding the actual perpetrator to enable the actual perpetrator to escape apprehension; (b) driving or providing transport to enable the actual perpetrator to escape apprehension; (c) destroying or concealing evidence of the commission of the crime; (d) giving false information to a police officer or other person in authority concerning the circumstances of the crime or the whereabouts of the actual perpetrator. 209 Accessory 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 renders any assistance outside Zimbabwe to the actual perpetrator of the crime which, if rendered in Zimbabwe, would make the person liable as an accessory to that crime, such person may be charged in Zimbabwe as an accessory to that crime. 210 Punishment of accessories A person who is convicted as an accessory to a crime shall be liable to the same punishment to which he or she would have been liable had he or she been convicted of the crime committed by the actual perpetrator to whom he or she rendered assistance. 211 Presumptions, jurisdiction, powers and defences applicable to actual perpetrators applicable also to accessories (1) Subject to this Part, any⎯ (a) presumption that applies; or (b) jurisdiction that may that may be exercised; or (c) award or order that may be made; or (d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised; or (e) power to take a deposit by way of a penalty that may be exercised; in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or any other enactment, shall be equally applicable or capable of being exercised or made, as the case may be, in relation to an accessory. (2) Subject to this Code and any other enactment, a person charged as an accessory may raise and rely on any defence which he or she could have raised and relied on if he or she had - 117 -