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circumstances of the case, (i) it was foreseeable that such a crime might be perpetrated by
one or other members of the group and (ii) the accused willingly took that risk.
229.
In light of the preceding propositions it is now appropriate to distinguish between
acting in pursuance of a common purpose or design to commit a crime, and aiding and
abetting.
(i)
The aider and abettor is always an accessory to a crime perpetrated by another
person, the principal.
(ii)
In the case of aiding and abetting no proof is required of the existence of a common
concerted plan, let alone of the pre-existence of such a plan. No plan or agreement is
required: indeed, the principal may not even know about the accomplice’s contribution.
(iii)
The aider and abettor carries out acts specifically directed to assist, encourage or
lend moral support to the perpetration of a certain specific crime (murder, extermination,
rape, torture, wanton destruction of civilian property, etc.), and this support has a substantial
effect upon the perpetration of the crime. By contrast, in the case of acting in pursuance of
a common purpose or design, it is sufficient for the participant to perform acts that in some
way are directed to the furthering of the common plan or purpose.
(iv)
In the case of aiding and abetting, the requisite mental element is knowledge that the
acts performed by the aider and abettor assist the commission of a specific crime by the
principal. By contrast, in the case of common purpose or design more is required (i.e., either
intent to perpetrate the crime or intent to pursue the common criminal design plus foresight
that those crimes outside the criminal common purpose were likely to be committed), as
stated above.
Case No.: -94-1-A
15 July 1999