S v MUMPANDE & ORS 2014 (2) ZLR 417 (H)

Flynote

Criminal law — general principles — degrees of participation — accomplice — who is an accomplice — mental and physical elements necessary — person witnessing a crime and doing nothing to prevent it — not per se D an accomplice

Headnote

An accomplice is a person who, with the necessary mental state, aids, abets, counsels or assists in a crime either before or during its commission. His liability is based on the fact that he gives assistance to the principal offender, knowing or foreseeing the possibility that the principal offender is going to commit a particular crime. The physical elements of an accomplice's liability are that he gives some form of assistance, either before the crime (e.g. he supplies the means to commit the crime) or at the time of the crime (e.g. standing lookout).

The mental element of the liability of an accomplice is dependent on proof that he rendered assistance and that he had the intention to assist in the commission of the crime which was actually committed by the principal. The extent of the liability of the accomplice hinges upon his intention, actual or legal, in regard to what is done by the principal offender. The accomplice should be liable to be convicted of the same offence with which the principal is charged; facts must be present that show that the accomplice could also be convicted of that offence. A person does not become an accomplice merely by witnessing an act and taking no steps to prevent it.

Two requirements must therefore be satisfied for a person to be labelled an accomplice: (a) there must be evidence that the person intended to aidor promote the underlying offence and (b) there must be evidence that the person actively participated in the crime by soliciting, aiding or agreeing to aid the principal.