CRW2602
NOTES
,Persons Involved in a Crime
Individuals connected to a crime are grouped into two main categories:
1. Those who participate in committing the crime, and
2. Those who do not participate.
A person who actively takes part in committing a crime is referred to as a participant,
as their actions contribute to or advance the commission of the offence.
An accessory after the fact, however, is not regarded as a participant because they do
not assist in committing the crime itself. Instead, they only become involved after the
offence has already been completed, usually by helping the offender evade justice or
conceal the crime.
Participants can be further divided into perpetrators and accomplices.
Definition of a Perpetrator
A person qualifies as a perpetrator if they meet any of the following conditions:
1. According to the general principles of liability – their conduct, the
surrounding circumstances (including any personal qualifications required by law,
such as status or capacity), and their mental state meet all the elements set out
in the legal definition of the crime.
OR
2. Under the doctrine of common purpose – even if their individual conduct does
not meet all the elements of the crime, they acted jointly with others in pursuit of
a shared criminal objective. In such cases, the conduct of their co-offenders may
be legally attributed to them through the doctrine of common purpose.
,Definition of an Accomplice
A person is considered an accomplice if:
1. Their conduct does not meet every requirement contained in the legal definition
of the offence, and
2. The conduct of the principal offender cannot be attributed to them under the
doctrine of common purpose, yet they still intentionally assist or promote the
commission of the crime by another person.
Determining Whether a Person Is a Perpetrator or Accomplice
To establish whether an accused person is a perpetrator, the court first examines the
definition of the specific crime and then assesses whether the accused’s actions,
state of mind, and personal attributes align with the elements required for liability.
Certain crimes can only be committed by individuals who possess specific qualifications
or statuses. For example:
High treason can only be committed by someone who owes allegiance to the
Republic of South Africa.
Other offences may be limited to individuals in specific professions or positions,
such as a medical doctor or a licensed practitioner.
In contrast, an accomplice assists in the commission of a crime that is primarily
committed by another person.
When a court convicts a person of an offence without explicitly stating that the
conviction is as an accomplice, it is presumed that the conviction is as a perpetrator (or
co-perpetrator).
, Perpetrators (Criminal Law 260–272)
1.3.1 Co-Perpetrators: No Need to Identify a Principal Offender
A perpetrator is a person who either meets all the elements required for liability as set
out in the definition of a specific offence, or whose responsibility is established through
the doctrine of common purpose, by which the acts of another perpetrator are
attributed to them.
In situations where several individuals participate in the commission of a crime, it is
often impossible — and legally unnecessary — to identify a single principal offender.
The distinction between the main perpetrator and other co-perpetrators does not affect
liability but may be relevant when determining the severity of punishment.
When two or more individuals jointly commit a criminal act, and each person’s conduct,
mental state, and characteristics satisfy the definition of the offence, they are
considered co-perpetrators. Their individual levels of contribution may differ, but all
share equal criminal responsibility.
Direct and Indirect Perpetrators
The law recognises both direct and indirect perpetrators:
A direct perpetrator personally carries out the criminal act using their own body
or actions.
An indirect perpetrator commits the offence through another person, using that
individual as an instrument to achieve the unlawful outcome.
However, this distinction between direct and indirect perpetrators has no effect on
criminal liability—both are equally responsible for the crime.
For example, in cases of murder, the following individuals would all be regarded as
perpetrators:
NOTES
,Persons Involved in a Crime
Individuals connected to a crime are grouped into two main categories:
1. Those who participate in committing the crime, and
2. Those who do not participate.
A person who actively takes part in committing a crime is referred to as a participant,
as their actions contribute to or advance the commission of the offence.
An accessory after the fact, however, is not regarded as a participant because they do
not assist in committing the crime itself. Instead, they only become involved after the
offence has already been completed, usually by helping the offender evade justice or
conceal the crime.
Participants can be further divided into perpetrators and accomplices.
Definition of a Perpetrator
A person qualifies as a perpetrator if they meet any of the following conditions:
1. According to the general principles of liability – their conduct, the
surrounding circumstances (including any personal qualifications required by law,
such as status or capacity), and their mental state meet all the elements set out
in the legal definition of the crime.
OR
2. Under the doctrine of common purpose – even if their individual conduct does
not meet all the elements of the crime, they acted jointly with others in pursuit of
a shared criminal objective. In such cases, the conduct of their co-offenders may
be legally attributed to them through the doctrine of common purpose.
,Definition of an Accomplice
A person is considered an accomplice if:
1. Their conduct does not meet every requirement contained in the legal definition
of the offence, and
2. The conduct of the principal offender cannot be attributed to them under the
doctrine of common purpose, yet they still intentionally assist or promote the
commission of the crime by another person.
Determining Whether a Person Is a Perpetrator or Accomplice
To establish whether an accused person is a perpetrator, the court first examines the
definition of the specific crime and then assesses whether the accused’s actions,
state of mind, and personal attributes align with the elements required for liability.
Certain crimes can only be committed by individuals who possess specific qualifications
or statuses. For example:
High treason can only be committed by someone who owes allegiance to the
Republic of South Africa.
Other offences may be limited to individuals in specific professions or positions,
such as a medical doctor or a licensed practitioner.
In contrast, an accomplice assists in the commission of a crime that is primarily
committed by another person.
When a court convicts a person of an offence without explicitly stating that the
conviction is as an accomplice, it is presumed that the conviction is as a perpetrator (or
co-perpetrator).
, Perpetrators (Criminal Law 260–272)
1.3.1 Co-Perpetrators: No Need to Identify a Principal Offender
A perpetrator is a person who either meets all the elements required for liability as set
out in the definition of a specific offence, or whose responsibility is established through
the doctrine of common purpose, by which the acts of another perpetrator are
attributed to them.
In situations where several individuals participate in the commission of a crime, it is
often impossible — and legally unnecessary — to identify a single principal offender.
The distinction between the main perpetrator and other co-perpetrators does not affect
liability but may be relevant when determining the severity of punishment.
When two or more individuals jointly commit a criminal act, and each person’s conduct,
mental state, and characteristics satisfy the definition of the offence, they are
considered co-perpetrators. Their individual levels of contribution may differ, but all
share equal criminal responsibility.
Direct and Indirect Perpetrators
The law recognises both direct and indirect perpetrators:
A direct perpetrator personally carries out the criminal act using their own body
or actions.
An indirect perpetrator commits the offence through another person, using that
individual as an instrument to achieve the unlawful outcome.
However, this distinction between direct and indirect perpetrators has no effect on
criminal liability—both are equally responsible for the crime.
For example, in cases of murder, the following individuals would all be regarded as
perpetrators:
