Criminal Law Code as at 1st March 2007
(b) the accomplice is only aware of the fact that the conduct of the actual perpetrator is
unlawful but unaware of the nature of the crime being committed or to be committed
by the perpetrator or the manner in which it is committed; or
(c) the actual perpetrator is unaware of any assistance rendered by the accomplice.
(3) Where a person does or omits to do anything which would make him or her an
accomplice to the commission of a crime by another person, but for the fact that the other
person is entitled to rely upon a defence which excuses that other person from liability or
reduces that other person’s liability for the crime concerned⎯
(a) the first-mentioned person shall be liable as an accomplice in terms of subsection (1)
as if the other person 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 or she were charged as an actual perpetrator
of the crime concerned.
198
Types of assistance to which accomplice liability applies
Without limiting the expression, any of the following forms of assistance, when given to an
actual perpetrator of a crime, shall render the assister an accomplice⎯
(a) supplying the means to commit the crime; or
(b) supplying transport to enable the actual perpetrator to reach the scene of the crime; or
(c) supplying information to enable the actual perpetrator to locate or identify his or her
victim or to acquire knowledge of the place where the crime is to be committed; or
(d) making premises of which the assister is the owner or occupier available for the
commission of the crime; or
(e) holding oneself available to give assistance in the commission of the crime, in the
event of such assistance being required; or
(f) immobilising or incapacitating the victim of the crime to enable the crime to be
committed; or
(g) carrying implements or other things by which or with the aid of which the crime is
committed; or
(h) keeping watch for or guarding against intervention or discovery while the crime is
being committed.
199
Liability of accomplice for further crimes committed by actual perpetrator
Where an actual perpetrator commits a crime that is different from or additional to the crime
intended by the accomplice when the accomplice incited, conspired with, authorised or assisted
the actual perpetrator, the accomplice shall be guilty of that different or additional crime if,
when the accomplice incited, conspired with, authorised or assisted the actual perpetrator, the
accomplice realised that there was a real risk or possibility that the actual perpetrator might
commit the different or additional crime.
200
Withdrawal from crime by accomplice
An accomplice shall not be guilty of a crime committed by an actual perpetrator if, before
the crime has been committed, the accomplice voluntarily desists from further incitement of,
conspiracy with, or authorisation or assistance to the actual perpetrator and either⎯
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