Can You Be Charged For Helping Someone Commit A Crime?

Many people are not aware that you can be charged for assisting or helping a person to commit an offence or assisting or helping them after they have committed an offence. This potential criminal liability, known as ‘accessorial liability’, can in some cases result in the ‘accessory’ being held liable to be charged with the same offence as the person who actually did it (the ‘principal offender’).

The following outlines the principles regarding accessorial liability, including the principles that apply to aiding, abetting, counselling or procuring an offence, the doctrine of offences committed in the prosecution of a common purpose and being an accessory after the fact.

Aiding, Abetting, Counselling or Procuring An Offence

Under section 7 of the Criminal Code Act Compilation Act 1913 (WA) (“the Code”), a person will be deemed to have taken part in an offence even if they didn’t do the act or omission which constitutes the offence if they:

• Do or omit to do any act for the purpose of enabling or aiding another person to commit the offence;
• Aid another person in committing the offence;
• Counsels or procure any other person to commit the offence.

A person will be said to have enabled or aided a person in committing an offence if they physically assisted the offender (for example, opened a window for a bank robber to escape) or if they encouraged the criminal acts whilst present (such as yelling for a person to stab a victim during a pub brawl), this is sometimes known as ‘abetting’ an offence.

A person will be said to have counselled someone to commit an offence, if they have provided some advice or persuasion to commit the offence. For example, supplying plans for a burglary or teaching someone how to hack into a private database.

Finally, a person will be said to have procured someone to commit an offence, if they deliberately brought about an offence. For example, a wife hires a hit man to kill her husband.

Anyone found to have aided, abetted, counselled or procured an offence can be charged as if they were a principal offender and liable to the same maximum penalty as the principal offender.

Generally, to be found guilty of an offence on the basis of accessorial liability, the person charged must have had essential knowledge of what the offence was going to be, although full details aren’t required. For example, if a person acts as lookout knowing that their friend is going to commit a break-in at a nearby house, this is sufficient even if the person doesn’t know how the break-in will occur or what items will be stolen.

However, an exception exists under section 9 of the Code which states that when a person counsels another to commit an offence, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled, provided in either case the offence is a probable consequence of carrying out the counsel. For example, if a person counsels a friend to threaten someone in order to collect a debt and the friend instead physically assaults the debtor, the person who counselled the offender can still also be held liable for the assault.

Offence Committed In Prosecution of Common Purpose

A person can also be accessorily liable for a criminal offence, if they enter into an agreement for one offence and another offence is committed, known as ‘prosecution of common purpose’. Under section 8 of the Code, ‘prosecution of common purpose’ applies when:

• Two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another; and
• In the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose.

An offence will be seen as a ‘probable consequence’ of an agreement if a person of average competence and knowledge might be expected to foresee it as likely to follow upon the particular act (Stuart v The Queen (1974) 134 CLR 426). For example, if a person and their friend agree to carry out an armed robbery and, during the robbery, the friend shoots a store attendant, both may be found guilty of murder. This is because serious violence is a probable consequence of committing an armed robbery.

Like other forms of accessorial liability, anyone found to have participated in the prosecution of common purpose related to an offence can be charged as if they were a principal offender and liable to the same maximum penalty as the principal offender.

However, a person will not be found liable under the doctrine of prosecution of a common purpose if:

• They had withdrawn from the agreement; and
• By words or conduct, communicated the withdrawal to each other person with whom the common intention to prosecute the unlawful purpose was formed; and
• Having so withdrawn, took all reasonable steps to prevent the commission of the offence.

Being An Accessory After The Fact

Finally, accessorial liability may apply if you were to assist an offender after they have committed a crime. Pursuant to section 10 of the Code, a person who, knowing that another person has committed an offence, receives or assists that other person in order to enable that other person to escape punishment is said to become an accessory after the fact to the offence.

Examples of being accessories after the fact would include if a person hides a friend who has committed a serious assault in their home to prevent the police from finding them, drives an offender across town to help them evade arrest after a robbery, or destroys clothing and weapons used in a crime so that investigators cannot recover them as evidence.

Notably, in some circumstances, a person cannot be an accessory after the fact if they assist their spouse following the spouse commiting an offence. No other exceptions exist for other familial or personal relationships.

Unlike other forms of accessorial liability, being an accessory does not mean you are liable to an identical penalty as if you are the principal offender. Instead, section 562 of the Code states that if the principal offence carries life imprisonment, the penalty is up to 14 years; otherwise, the accessory faces up to half the maximum penalty of the principal offence, with lower penalties applying if the matter is dealt with summarily.

The Importance of Legal Representation

Being charged as an accessory, whether for aiding, abetting, counselling, procuring, acting under a common purpose, or helping after the fact, can carry serious penalties in Western Australia. Even if you did not commit the offence yourself, the law may still hold you liable.

If you are facing allegations of accessorial liability, it is vital to obtain advice from an experienced criminal lawyer who understands how these complex laws are applied.

Andrew Williams is a highly experienced Criminal Lawyer and Barrister who can provide clear advice and strong representation in relation to accessorial liability and other criminal charges in WA. He is committed to protecting your rights and achieving the best possible outcome for your case.

Call Now: (08) 9278 2575

Author Andrew Williams

PLEASE NOTE: The material in this blog post is for informational use only and should not be construed as legal advice. For answers to your questions regarding this or other topics, please contact a professional legal representative.