Accessories Before the Fact, Section 346 of the Crimes Act 1900 ...

Section 346 of the Crimes Act 1900 deals with accessories before the fact- those who were not present when the act was committed but counseled or procured the offender to commit the crime. Under section 346, an accessory before the fact for a serious indictable offence may be charged as a principal offender and is liable for the same penalties as the principal offender. Section 346 states:

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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.

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As can be seen from above, an accessory before the fact may be charged and convicted for the offence even if the principal offender has not been tried.

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If you have any questions please contact Michael Burke (Newcastle) or Kara Greiner (Sydney) of the Burke Elphick & Mead Criminal Law Team.

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Should you have any further queries, please do not hesitate to contact our office.

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The above information is of a general nature only and cannot be relied on as constituting legal advice. The information is relevant at the time of publishing the article. In this respect, we rely upon our Disclaimer at www.bemlaw.com.au/privacy-disclaimer.?

Source: http://www.bemlaw.com.au/crime-and-traffic/accessories-before-the-fact/

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