When crimes are committed, investigations are commenced by the police, not only to identify the person or persons who committed the crime, but also to identify any other person or persons who may have assited the commission of the crime.
There is a difference between a situation where two or more persons plan to commit a crime, and where a person or persons who may not have been part of the intial plan, becomes part of the crime at the time of the commission of the crime.
The situation where a person who is not part of the initial plan may become part during the commission of the crime may be summarised as follows:
1. A person secretly finds someone committing a crime;
2. A person is present during the commission of a crime, whose presence the person committing the crime is aware of; and
3. Before or after the commission of a crime, a person becomes aware of the crime.
There is a duty on every citizen to report any crime he or she witnesses or sees. The law therefore gives the authority to every individual to report or arrest a criminal in the following instances:
1. when a criminal is about to commit a crime;
2. when a criminal is committing a crime; and
3. when a criminal has already committed a crime.
What then happens to a person who, after witnessing a crime, fails to report it to the police or any relevant authority?
The answer will depend on two things:
1. whether the person has an evil intention for not reporting the crime, by being supportive of same and concealing it; and
2. whether the person is frightened or has forgotten to report the crime.
In the first instance, the effect is that you will be an accomplice or supporter of the crime. In the second instance, you will be an innocent person who has committed no crime.
As an onlooker or a passer-by, never stand there for a crime to be committed in your presence, without preventing the crime or reporting the crime.
If your fail to report or prevent the commission of a crime in your presence as an onlooker or passer-by, you are liable to the criminal charge of Aiding and Abetting the Crime being committed.
By law, the reason for the above is that a person may be said to have encouraged or facilitated the commission of a crime by his mere presence, although the person looked on and watched without being involved or taking part in the crime.
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