South Australian Current Acts South Australian Current Acts241—Impeding investigation of offences or assisting offenders
(1) Subject to
subsection (2), a person (the "accessory") who, knowing or
believing that another person (the "principal offender") has committed an
offence, does an act with the intention of—
(a)
impeding investigation of the offence; or
(b)
assisting the principal offender to escape apprehension or prosecution or to
dispose of proceeds of the offence,
is guilty of an offence.
(2) An accessory is
not guilty of an offence against subsection (1)—
(a)
unless it is established that the principal offender committed—
(i)
the offence that the accessory knew or believed the
principal offender to have committed; or
(ii)
some other offence committed in the same, or partly in
the same, circumstances; or
(b) if
there is lawful authority or a reasonable excuse for the accessory's action.
(3) Subject to
subsection (4), the penalty for an offence against subsection (1)
is—
(a)
where the maximum penalty for the offence established as having been committed
by the principal offender is imprisonment for life—imprisonment for a
term not exceeding 10 years;
(b)
where the maximum penalty for that offence is imprisonment for a term of
10 years or more (but not for life)—imprisonment for a term not
exceeding 7 years;
(c)
where the maximum penalty for that offence is imprisonment for a term of
7 years or more but less than 10 years—imprisonment for a term not
exceeding 4 years;
(d) in
any other case—imprisonment for a term not exceeding 2 years or a
maximum penalty the same as the maximum penalty for that offence, whichever is
the lesser.
(4) Where the offence
established as having been committed by the principal offender is not the
offence that the accessory knew or believed the principal offender to have
committed, the penalty for an offence against subsection (1) is whichever
is the lesser of—
(a) the
penalty applicable under subsection (3); or
(b) the
penalty that would be applicable under subsection (3) if the offence that
the accessory knew or believed the principal offender to have committed were
the offence established as having been committed by the principal offender.
(5) Where—
(a) a
person charged with an offence as a principal offender is found not guilty of
the offence charged; but
(b) the
court is satisfied that another person was guilty of the offence charged (or
some other offence of which the accused might on the charge be found guilty),
the court may, if satisfied that the accused is guilty of an offence against
subsection (1) as an accessory in relation to the offence charged (or
that other offence), find the accused guilty of an offence against
subsection (1).
(6) An accessory may
be found guilty of an offence against this section whether committed within or
outside this State if a court of this State has jurisdiction to deal with the
principal offender.