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. - 118 -