Study Unit 13 (CRW2601) - Disregard of the requirement of culpability and the criminal liability of corporate bodies
Key:
Text book
Case law
Legislation
Learning outcomes:
Principles relating to participation:
- Whether an accused can be held liable as an accomplice
- Whether an accused can be held liable as an accessory after the fact
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 doesnotconformto all the requirements of the definition of the crime.
An accomplice’s conduct doesnotconform to the doctrine of commonpurpose.
The accomplice is liable because he intentionallyfurthered the commission of a crime by another.
Liability as an accomplice is less than the liability of a perpetrator.
15.2.3 Technical and popular meaning of the word “accomplice”
Can have 2 meanings.
- Technical (narrow) – can never include the perpetrator
- Popular (broad) – this includes accomplices as well as perpetrators (everyone involved)
15.2.4 Requirements for liability as an accomplice
- Act – act must promote or further the original crime (aiding, counselling, encouraging or ordering – Jackelson 1920 AD 486)
- Unlawfulness – There must not be any justification for it
- Intention – Negligence is not sufficient; the perp does not need to know that the accomplice is helping him
- Accessory character of liability – someone else has to be guilty of the time crime (there must be a perp who is found guilty)
15.2.5 Is it possible to be an accomplice to murder?
Study on your own: Criminal Law 269-270
Also read in the case book: Williams 1980 (1) SA 60 (A)
Know the objection to convicting a person of being an accomplice to murder.
In Williams it was accepted that you can be an accomplice to murder.
This has been criticised by Snyman – Know this criticism!
We are of the opinion that you cannot be an accomplicetomurder.
15.3 Accessories after the fact
Criminal Law 271-274; case book 215-225
15.3.1 Introduction
Not a participant.
Comes into the picture after the crime has been completed, and helps the perpescapejustice.
15.3.3 Requirements for liability of accessory after the fact
Following 6 requirements:
- Act or omission – helps per evade liability (approval does not count)
- After the commission of the crime
- Enabling perpetrator or accomplice to evade liability (must assist the perp to evade liability)
- Unlawfulness – act must be unlawful (no justification)
- Intention – must know the perp has committed a crime and help him to evade liability
- Accessory character of liability – someone lese must have committed the crime
15.3.4 Reason for existence questionable
Is this crime really necessary?
In the study guide’s opinion it is NOT.
It overlaps with the crime, defeating or obstructing the course of justice.
Summary
(1) See definition of accomplice in previous study unit.
(2) The conduct of an accomplice amounts to a furthering of the crime by somebodyelse. “Furthering” includes rendering assistance, giving advice, encouraging,and so forth.
(3) An accomplice is guilty only if he furthers the crime unlawfully and intentionally.
(4) A person cannot be an accomplice unless somebody else is a perpetrator.
(5) An accessory after the fact is not a participant because he does not furtherthe crime.
(6) See the above definition of an accessory after the fact.
(7) In order to be liable as an accessory after the fact, a person must renderassistance intentionally to somebody who has already committed the crimeas a perpetrator or as an accomplice.
(8) The liability of an accessory after the fact, like that of an accomplice, isaccessory in character. This means that there can be an accessory after thefact only if somebody else has committed the crime as perpetrator. It alsomeans that you cannot be an accessory after the fact to a crime committedby yourself. However, in Gani, the Appellate Division created an exception tothe aforementioned rule.