Accessories and Abettors Act 1859 (SA)

ANNO VICESIMO SECUNDO ET VICESIMO TERTIO

VICTORIZE REGINB.

A. D. 1859.

No. 3.

An Act for consolidating the Statute Law in farce in South Australia

relating to Accessories to and Abettors of Indictable O$encess

[Assented to, 1st September, 1859.1

W HEREAS it is expedient to consolidate and amend the statute Preamble.	law in force in the Province of South Australia, relating to accessories to, and abettors of, indictable offences: Be it therefore Enacted by the Governor-in-Chief of the Province of South Aus- tralia, with the advice and consent of the Legislative Council and House of Assembly of the said Province in this present Parliament
assembled as follows:

As to accessories before the fact:

1. Whosoever shall become an accessory before the fact to any Awemwiee before the

felony, whether the same be a felony at colnrnon law or by virtue punihedasp-cipals, fact may be tried and

of any Act in force in the said Province, or to be hereafter passed, 11 & 12 Vict, 0.46.

may be indicted, tried, convicted, and punished in all respects as if ''	l'
he were n principal felon.

person to coilinlit any felony, whether the same be a felony at as BUA, or as 2. Whosoever sllall counseli procure, or command any other eeyb?;zied

comnion law or by virtue of' any Act iu force in the said Province, EetyC;f3f8;,

or to be l~twnfter passed, skd1 he guilty of fdmy. and limy be

prosecuted a ~ ~ d convicted either as an accessory before the fact to the priucipnl felony, togetlicr with t.he principal f~lon, or after the couviction of' the principal felon, or way be prosecuted and couvictd of' a sulostn~tive felony, whether the priucipid feloti sllall or shall not have been previously convicted, or shall or shall not be amenable to justice, and may be punished in the same manner as any accessory before the fact to the same felony, if

F. convicted

convicted as au accessory, may be punished; and the offence of the person so counselling, p~ocuring, or commanding, howsoever indicted, may be inquired of, tried, deterinii~ed, and punished by any Court which shall have jurisdiction to try the principal felon, in the same manner as if S U C ~ offence had been committed at the same place as the principal felony, although such ofliencc3 nmy have been cor~inlitted

either on the sea or on land whether within the said Province or without: Provided, that no person who shall be once duly tried for any such off'ence, whether as an accessory before the fact orps for

a substantive feloiiy, shall he liable to be again prosecuted or trled for

the same offence.

Punishment of

acce-sories before	3. Every accessory before the fact to any felony, whetber the same be a felony at common law, or by virtue of any Act iu force in the said Province, or to be hireafter passed, shall be punishable, with death or otherwise, in the same nlanner as tlio principal.
the fact.

As to accessories after the fact:

4. Whosoever shall become an accessory after the fact to m y

of ac~esiories after

the edct felony, whether the sanle be a felony at cor~inion law or by virtue

' l2 Vict. 46*s. of any Act passed or to be passed, may be prosecutcd, tried, and con-

2.

7 G. 4, o. 64. S. 10.

victed either as an accessory after the fact to the principal felony,

together with the principd?elon, or after the convi'ction bftlle

cipal felon, or may be prosecuted and convicted of a substantive felony

whether the principal felon shall or shall not h a ~ e been previously convicted, or sllall or shall not be amcnable to justice; and may thereupon be punished in like manner as any accessory after the fact to the same felony, if convicted as an accessory, may be punishcd; and the offence of such person, howsoever prosecuted, may be inquired of, tried, determined, a d punished by any court which shall have jurisdiction to try the principal felon, in the same manner

as if the act by reason of which such person shall have become an

amessory Bad bcen cornnlitted at the same place as the principal felony,

although such act rnsy have been committed either on the sea or on

land, whether within 'the said Province or without: Provided that no person who shall be once duly tried for any sucli offence, whether as :tn accessory after the fact or as for a suhstantivc felony sllall be liable to be again prosecutcd or tried for the same offence.

P ~ s h m e n t o f a c c ~ -

rories after the fact,

5. Every accessory after the fact to any felony (except where it is otllerwise specially enacted), whether the same be a fklony at common law or by virtue of any Act in force in the said Province, or to be hereafter passed, shall be liable to be imprisoned, in ally Common Gaol or Labor Prison, for any term not ex- ceeding two years, with or without hard labor; and it shall be la~vt'111 for the Court, if it shall tllink fit, to reqnire the

offe~:cter to f i 1 d sureties fbr liceping the peacc, in addition to such

puiiishnlmt,

As to accessories generally:

Prmecutm of

6. If any principal offender shall he in a n w i s e convicted of accessury aiter prin-

any felon?, h shall be iawfd to proceed ngninst	iweesrorv, either	cip:)l has been con-
v k t d but 1101 at-

before or after the fact, in the same manncr as if sucb principl	taiiitcd.
fcloil had been attainted thereof, notwithstantfing such priucipnl	7 G. 4, c. 64. a, 11.

felon skd l die or be pardoned, or otl~erwisecl~~livered befim s.tt;tirrtler ;

and every suc11 ,zcct.ssory shall upon conviction s~lffer the same punishnleiit as he would have suff'ered if the priuciyal had been attainted.

As to abettors in misdemeanors:

Abettors in misde-

7. Whosoever shall aid, abet, counsel, or procure the commission ineim m.

of any misdemcanor, whether t,Le same be x uniudeinemror a t corninon	7 & 8 G.	4. c. 30. a
law or by virtue of any Act in force i n the said Province, or to be	26.
hereafter passed, shall be liable to be prosecuted and punished as a priucipal offender.

A s to other matters:

8. Anv n u n ~ h ~ r of acccswries to any felony or of receivers of Any number o f ae-

t casoliet. III:IY be

any p r o~e r t~y whicl~ sllttll Ililve been stvlcll a t any one time, w!lether chargcd In tkb same

tlrey received mch property at one time or a t diff'crena	indtctmmt.
times, lnny he cllarge4 with substyttivc fdonies i11 the smle indictment or ioforaiation notwitllstimdir~g.tlle prir~eipal felon shall not be irduded in the same indictment or information, or shall not
be in custody or amenable to justice.

9. This Act shall commence and take effect from the passing ~ ~ m e n c e m " *'

thereof.