Description of the legal term Aiding and Abetting:
Aiding and abetting is a legal doctrine under which a person can be held legally responsible for assisting or encouraging another person to commit a crime. This concept recognises that while a person may not have actually committed the offence, his or her assistance or encouragement was instrumental in the commission of the offence.
To be held liable for aiding and abetting, it must be proved that
An offence was committed: there must be a principal offender who committed the principal offence.
Aiding or abetting: The person accused of aiding and abetting must have aided, abetted or in any way assisted in the commission of the offence. This can be through action, advice or even moral support.
Intent or knowledge: The aider and abettor must have had the intent to assist or encourage the crime, or at least the knowledge that his or her actions were likely to result in the commission of the crime.
Legal context in which the term Aiding and Abetting may be used:
Consider a bank robbery in which John is the principal offender and physically commits the robbery. Peter, who does not enter the bank, provides John with information about the bank’s security system and waits outside in a getaway car. Although Peter does not directly participate in the robbery, he plays a critical role in its execution.
In this case, Peter can be charged with aiding and abetting the robbery. His actions in providing information and waiting with the getaway car clearly show that he assisted John in committing the crime. Furthermore, Peter’s intention to facilitate the robbery can be inferred from his actions and preparation.
