This article will discuss abettors and accessories under the Crimes Act 1900. But first, let’s define what are these two terms. Catching the main criminal (called the principal offender) is a priority, but law enforcement can also go after people who helped with the crime. This is accomplice liability or complicity. There are two main categories of accomplices:
1. Aiding and Abetting:
- This involves actively helping the crime happen.
- The help can be practical (like providing tools) or motivational (like encouraging crime).
- The person helping must know that someone is planning a crime.
2. Accessory After the Fact:
- This involves helping the main criminal after they have committed a crime.
- This could be hiding the criminal, storing goods that the criminal stole, or helping them avoid getting caught.
Abettors and Accessories: Sample Scenarios
Here are some sample scenarios for accomplice liability under abettors and accessories provisions:
Aiding and Abetting:
1. Breaking and Entering: Mark asks Ben to drive him to a specific house because Mark knows he will find a valuable painting in the house. Ben agrees, even though he suspects Mark intends to steal it. Mark breaks into the house and takes the painting, while Ben waits outside in the getaway car.
In this scenario, Ben can face charges of aiding and abetting the breaking and entering because he actively helped Mark by driving him to the scene and being ready for a quick escape.
2. Assault: Sarah and Chloe get into an argument at a bar. Daniel, Sarah’s boyfriend, sees the argument and gets angry. He yells threats at Chloe and encourages Sarah to attack her. Sarah, fueled by anger and Daniel’s encouragement, punches Chloe.
Here, Daniel can face charges of aiding and abetting the assault because he actively encouraged and supported Sarah in committing the crime.
Accessory After the Fact:
1. Theft: Liam steals a bicycle from a store. He sees his neighbour, Emma, outside her house and asks her to store the bike in her garage for a few days until things “cool down” with the police. Emma agrees, knowing Liam has stolen the bike.
In this case, Emma will face charges of acting as an accessory after the fact because she helped Liam by hiding the stolen property after he committed the crime.
2. Forgery: Olivia forges her father’s signature to cash a check. She then asks her friend, Noah, to hold onto the money for her because she’s worried that authorities will catch her. Noah agrees, even though he knows that she obtained the money through forgery.
Here, Noah can face charges as an accessory after the fact because he helped Olivia by holding onto the stolen money (obtained through a crime) after the forgery was committed.
Section 345: Principals in the Second Degree–How Tried and Punished
Section 345 of provisions about abettors and accessories deals with accomplices in serious crimes (called “serious indictable offences”). The law says:
- An accomplice (principal in the second degree) is someone who helps another person commit a serious crime but doesn’t directly do it themselves.
- The accomplice gets the same punishment as the main person who committed the crime (principal in the first degree) if they are found guilty.
Section 346: Accessories Before the Fact–How Tried and Punished
Section 346 deals with accomplices in serious crimes (called “serious indictable offences”) who planned the crime beforehand. The law says:
- An accessory before the fact is someone who helped plan a serious crime, even if they weren’t directly involved in committing it.
- They can be charged before, after, or even simultaneously as the main person who committed the crime (principal offender).
- The accomplice gets the same punishment as the main criminal if they are found guilty.
- It doesn’t matter if the main criminal has been caught or not.
Section 347: Accessories After the Fact–How Tried and Punished
Section 347 of abettors and accessories deals with people who help someone who committed a serious crime (also called a “serious indictable offence”) after the crime has happened. The law says:
- An accessory after the fact is someone who helps the main criminal (principal offender) escape punishment after the crime is committed.
- This help could be hiding the criminal, storing stolen goods, or helping them avoid getting caught.
- They can be charged before, after, or even at the same time as the main criminal.
- It doesn’t matter if the main criminal has already been tried or not, or if they can’t be caught.
This section focuses on accomplices who help after the crime is committed, unlike accomplices who planned it (Section 346) or actively helped during the act (Section 345).
Section 347A: Wife May Be Accessory After Fact to Husband’s Felony
In the past, there was a law that prevented wives from being charged with helping their husbands escape punishment for serious crimes (felonies) after they were committed. This is called being an “accessory after the fact.” Section 347A of abettors and accessories changes that.
Now, wives can be charged just like anyone else if they help their husbands avoid getting caught or punished for serious crimes.
Section 348: Punishment of Accessories After the Fact to Certain Treason-Related Offences
Section 348 deals with a specific situation. This situation is someone who helps another person escape punishment for the serious crime of treason. An accessory after the fact in this case is someone who helps the main criminal (who committed treason) avoid getting caught or punished.
This help could be hiding the criminal, or helping them escape the country. The punishment for this specific type of accomplice is different. They can be sentenced to prison for up to two years. Moreover, this section only applies to the crime of treason as defined in Section 12 of the Act.
Section 349: Punishment of Accessories After the Fact to Murder Etc
This Section of abettors and accessories specifies the penalties for people who help others escape punishment for certain serious crimes:
- Murder: Someone who helps a murderer avoid getting caught or punished after the crime (accessory after the fact) can be sentenced to a maximum of 25 years in prison.
- Other Serious Crimes: For other serious crimes like armed robbery or kidnapping, helping the criminal afterwards carries a maximum penalty of 14 years in prison.
Section 350: Punishment of Accessories After the Fact to Other Serious Indictable Offences
This Section of abettors and accessories outlines helping someone escape punishment after any other serious crime (called a “serious indictable offence”) that isn’t specifically mentioned elsewhere in the Act.
In these cases, the court can sentence someone who helps the criminal afterwards (accessory after the fact) to a maximum of 5 years in prison.
Section 351: Trial and Punishment of Abettors of Minor Indictable Offences
Section 351 deals with people who help others commit less serious crimes (called “minor indictable offences”). These can be crimes that common law provides definitions for (traditional legal principles) or by specific statutes (written laws). What does it mean to help with a crime?
The law considers several ways you can be a part of the crime:
- Aiding: Providing practical assistance to the crime, like driving a getaway car.
- Abetting: Encouraging or supporting someone to commit the crime.
- Counselling: Trying to convince someone to commit the crime.
- Procuring: Getting someone to commit the crime on your behalf.
What happens if you help?
You can face charges with the crime alongside the main person who committed it (principal offender). This can happen even if the main person hasn’t been caught yet, or even if they are never caught. The punishment you receive will be the same as the main offender.
Section 351A: Recruiting Persons to Engage in Criminal Activity
Section 351A deals with a specific crime: recruiting someone to commit a serious crime (called a “criminal activity”). There are two main situations:
- Recruiting an Adult: If you (an adult) try to convince, pressure, or otherwise get another adult to commit a serious crime (like theft, assault, or drug offences), you can be charged with this offence. The maximum penalty is 7 years in prison.
- Recruiting a Child: It’s even more serious to try to get a child (under 18) involved in a serious crime. If you (an adult) do this, you can be charged with this offence and face a maximum penalty of 10 years in prison.
This section doesn’t apply to children trying to recruit others to commit crimes. “criminal activity” in this section refers to serious indictable offences, not minor ones.
Section 351B: Aiders and Abettors Punishable as Principals
Section 351B says that anyone who helps someone commit a minor offence can face charges of the crime just like the person who actually did it (the principal offender). Here’s what you need to know:
- Minor Offenses: These are typically less serious crimes punishable by fines or short jail time (summary conviction).
- Helping in any Way: If you helped in any way, like giving advice (counselling), providing support (abetting), offering practical assistance (aiding), or convincing someone to do it (procuring), you can face charges.
- Doesn’t Matter When: This applies to offences committed before or after this law came into effect.
- Same Punishment: If found guilty, you’ll face the same maximum penalty as the main offender.
- Even More Serious Offences: This section also applies to more serious offences (indictable offences) that are being treated like minor offences in court (summary proceedings).
The Importance of Seeking Legal Advice
If you are facing criminal charges related to being an abettor or accessory to a crime, JB Solicitors can help you in several ways. We can review the charges against you and explain what it means to be an abettor or accessory under the law. Our lawyers can also clarify the specific section of the Crimes Act 1900 that applies to your situation.
Contact us today if you have any more legal concerns for your criminal law matter.