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CRW2601 Study Unit 15 Participation II Accomplices and Accesories After The Fact
CRW2601 Study Unit 15 Participation II Accomplices and Accesories After The Fact
Case law
Legislation
Learning outcomes:
Principles relating to participation:
15.2 Accomplices
Criminal Law 265-270; case book 181-186
15.2.1 Introduction
When a person does not participate in the commission of the crime, he may participate as an
accomplice.
An accomplice is liable.
An accomplice’s conduct does not conform to all the requirements of the definition of the crime.
The accomplice is liable because he intentionally furthered the commission of a crime by another.
15.3.1 Introduction
Not a participant.
Comes into the picture after the crime has been completed, and helps the perp escape justice.
1. Act or omission – helps per evade liability (approval does not count)
2. After the commission of the crime
3. Enabling perpetrator or accomplice to evade liability (must assist the perp to evade liability)
4. Unlawfulness – act must be unlawful (no justification)
5. Intention – must know the perp has committed a crime and help him to evade liability
6. Accessory character of liability – someone lese must have committed the crime
Summary
(1) See definition of accomplice in previous study unit.
(2) The conduct of an accomplice amounts to a furthering of the crime by somebody else.
“Furthering” includes rendering assistance, giving advice, encouraging, and so forth.
(3) An accomplice is guilty only if he furthers the crime unlawfully and intentionally.
(5) An accessory after the fact is not a participant because he does not further the crime.
(8) The liability of an accessory after the fact, like that of an accomplice, is accessory in character.
This means that there can be an accessory after the fact only if somebody else has committed the
crime as perpetrator. It also means that you cannot be an accessory after the fact to a crime
committed by yourself. However, in Gani, the Appellate Division created an exception to the
aforementioned rule.