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Contents (1900 - 40)
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Crimes Act 1900 No 40
Current version for 28 February 2019 to date (accessed 25 June 2019 at 22:51)
Part 9
Part 9 Abettors and accessories
345   Principals in the second degree—how tried and punished
Every principal in the second degree in any serious indictable offence shall be liable to the same punishment to which the person would have been liable had the person been the principal in the first degree.
346   Accessories before the fact—how tried and punished
Every accessory before the fact to a serious indictable offence may be indicted, convicted, and sentenced, either before or after the trial of the principal offender, or together with the principal offender, or indicted, convicted, and sentenced, as a principal in the offence, and shall be liable in either case to the same punishment to which the person would have been liable had the person been the principal offender, whether the principal offender has been tried or not, or is amenable to justice or not.
347   Accessories after the fact—how tried and punished
Every accessory after the fact to a serious indictable offence may be indicted, convicted, and sentenced as such accessory, either before, or together with, or after the trial of the principal offender, whether the principal offender has been previously tried or not, or is amenable to justice or not.
347A   Wife may be accessory after fact to husband’s felony
(1)  The common law rule granting immunity to a wife against prosecution as an accessory after the fact to a felony committed by her husband is abolished.
(2)  This section does not apply in respect of any act of, or omission by, a wife if the act or omission occurred before the commencement of this section.
348   Punishment of accessories after the fact to certain treason-related offences
Every accessory after the fact to an offence under section 12 shall be liable to imprisonment for two years.
349   Punishment of accessories after the fact to murder etc
(1)  Every accessory after the fact to murder shall be liable to imprisonment for 25 years.
(2)  Every accessory after the fact to the crime of robbery with arms or in company with one or more person or persons, or the crime of kidnapping referred to in section 86, shall be liable to imprisonment for fourteen years.
350   Punishment of accessories after the fact to other serious indictable offences
An accessory after the fact to any other serious indictable offence is liable to imprisonment for 5 years, except where otherwise specifically enacted.
351   Trial and punishment of abettors of minor indictable offences
Any person who aids, abets, counsels, or procures, the commission of a minor indictable offence, whether the same is an offence at Common Law or by any statute, may be proceeded against and convicted together with or before or after the conviction of the principal offender and may be indicted, convicted, and punished as a principal offender.
351A   Recruiting persons to engage in criminal activity
(1)  A person (not being a child) who recruits another person to carry out or assist in carrying out a criminal activity is guilty of an offence.
Maximum penalty: Imprisonment for 7 years.
(2)  A person (not being a child) who recruits a child to carry out or assist in carrying out a criminal activity is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(3)  In this section:
child means a person under the age of 18 years.
criminal activity means conduct that constitutes a serious indictable offence.
recruit means counsel, procure, solicit, incite or induce.
351B   Aiders and abettors punishable as principals
(1)  Every person who aids, abets, counsels or procures the commission of any offence punishable on summary conviction may be proceeded against and convicted together with or before or after the conviction of the principal offender.
(2)  On conviction any such person is liable to the penalty and punishment to which the person would have been liable had the person been the principal offender.
(3)  This section applies to offences committed before or after the commencement of this section.
(4)  This section applies to an indictable offence that is being dealt with summarily.