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You and Your Rights

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Please note that since this book was last published in 1997 some of the laws that have been referenced may have changed. We are doing our best to update the articles, however, it is advisable that you to consult an attorney before relying on any information contained herein.

Accessory After The Fact

Assisting criminals to escape justice

A person who, knowing that a crime has been committed, assists the perpetrator after the event, for example in disposing of the body of the victim in a murder case, is known as an accessory after the fact. 

As intervention occurs only after the event, the person cannot generally be found guilty of the crime itself, nor as an accomplice to a crime as he or she does not cause or further the perpetration of the main crime. Note, however, that in the case of theft the person who assists in disposing of the stolen property may be liable as an accomplice, since theft is regarded as a continuing offence - it goes on being committed as long as someone knowingly possesses stolen goods. 

Case History - Cutting up the cow

A man killed a cow that did not belong to him. He asked the accused to help him cut up the carcass. In return for this the accused was given part of the meat. The General Division of the Rhodesian Supreme Court quashed the conviction of theft of a cow. The matter came before the Rhodesian Appellate Division on appeal by the Attorney-General.

  • The court held that a person cannot be guilty of a crime by ratification. Thus, a man who joined in the theft of an animal for the first time only after it had been slaughtered could not be convicted of theft of the animal when it was still alive. He was, however, found guilty of stealing portions of the carcass.

(State v Marakiya, 1978)

Case History - The body dumped in the Vaal

In 1924, Swartbooi strangled Zeeland. After Swartbooi had dragged the body out of his hut, Mlooi and two others helped him to dispose of the body in the Vaal River. They were all found guilty of murder by the Standerton circuit court. Mlooi and the two others appealed against their convictions.

  • The Appellate Division held that an accessory after the fact is not an accomplice and cannot be convicted of or punished for the main crime. The appellants had taken no part whatsoever in the actual murder, but had merely helped the murderer to dispose of the body of his victim. The trial court's verdict that the appellants were guilty of murder was accordingly set aside.

(Rex v Mlooi, 1925)

Generally, anyone who becomes involved with a crime after it has been committed by assisting the perpetrator to escape detection is an accessory after the fact. The association must involve more than mere agreement with, or approval of, the crime. According to some legal experts, a person becomes an accessory only by assisting the perpetrator to attempt to evade the legal consequences of an act - by helping the perpetrator to hide or escape, or to conceal the crime. Mere sharing in the profits made out of the crime does not necessarily make a person an accessory after the fact. Punishment may not exceed the maximum penalty that could be imposed on the principal offender; an accessory is usually punished less severely than the principal offender.
Disclaimer :: You and Your Rights
Although we have gone to great lengths to ensure the accuracy of the information contained in this database, it is important to remember that laws, government departments, interest and taxation rates are constantly changing. If you have a particularly difficult problem you are advised to consult a qualified legal authority. The publishers, editors and their representatives cannot accept responsibility for any act or omission arising from consulting the information contained herein.
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General Disclaimer: The content of Legal City does not constitute legal, tax or financial advice, nor does it necessarily reflect the views of our management, staff, shareholders, associates, contributors, authors or suppliers. Even though every endeavour has been made to ensure the accuracy of this information we cannot be held responsible for any errors and/or omissions. By using this web site you agree to accept and abide by our terms and conditions.
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