Aiding and abetting the commission of an offence

Aiding and abetting the commission of an offence is an offence contrary to Section 89 of the Criminal Procedure Ordinance (Chapter 221). The person who actually commits the criminal offence is referred to as the principal. Other persons who participate in the criminality by aiding and abetting, counselling or procuring the criminality are referred to as secondary parties or accomplices. Secondary parties are guilty of the same offence as the principle who actually commits out the offence. Aiding is giving help, support or assistance to the principal offender and generally takes place at the scene of the crime. Abet means inciting or encouraging the principal offender and also involves presence when the offence is committed. Counselling is help given to the principal offender before the offence is committed. It can take the form of advice, information or the supply of equipment which is used in the offence. Procuring means producing by endeavour, that is causing or bringing about the offence by the principal offender. Procuring involves taking the necessary steps to bring something about. There is no need for encouragement but there must be a causal link between the act of the secondary party and the offence which is committed. An example might be surreptitiously lacing a friend’s soft drink with alcohol knowing the friend will be driving home. If the friend drives home and on the way fails a breath test and is subsequently convicted under Section 39A (1) of the Road Traffic Ordinance (Chapter 374) for driving with an alcohol level above the prescribed limit, the person who laced the drink may face a charge of procuring that offence. Lacing the soft drink with alcohol brought about the offence the principal committed. Mere presence at a crime scene is not enough for liability as accomplice. However if a bystander encourages the principal offender, for example by shouting out to a person who is attacking another person “Hit him again” or “Kick him”, the bystander is no longer simply a bystander but is encouraging the attacker. The mens rea (guilty mind) for secondary parties is (i) intention to do the act knowing it was capable of assisting or encouraging the commission of the crime, and (ii) knowing the principal will commit a crime of a certain type. The prosecution must prove the intention to do the acts of assistance or encouragement, recklessness as to whether the principal will commit the crime is not sufficient mens rea for a secondary party.