Can You Be Charged as an Accessory to a Crime You Didn’t do?
When most people think about criminal charges, they picture someone directly committing an offence — theft, assault, or fraud, for example. But under Australian Criminal Law, you don’t necessarily have to commit the act yourself to face criminal liability. If you assisted, encouraged, or were otherwise involved, you could still be charged as an accessory to a crime.
This article explains how accessory laws work in Australia, what “aiding and abetting” means, possible penalties, legal defences, and why seeking expert legal advice is essential if you’re accused.
What Does It Mean to Be an Accessory Under Criminal Law?
An accessory is someone who plays a role in an offence without committing the act directly. The law recognises that crime can involve multiple people — not just the person who carries it out.
Under Criminal Law in Australia, there are two main types of accessories:
Accessory before the fact - someone who assists or encourages another person to commit a crime.
Accessory after the fact - someone who helps an offender avoid detection, arrest, or punishment after the crime has been committed.
For example:
Lending your car knowing it will be used for a burglary may make you an accessory before the fact.
Helping hide stolen property or providing a false alibi could make you an accessory after the fact.
Aiding, Abetting, Counselling, or Procuring a Crime
The law goes further than just accessories. Section 351 of the Crimes Act 1900 (NSW) (and equivalent provisions in other states) sets out that a person who aids, abets, counsels, or procures another person to commit an offence can be charged as if they committed the offence themselves.
This means that:
Aiding - providing practical help in committing the crime.
Abetting - encouraging the crime through words or actions.
Counselling - advising, persuading, or instructing another person to commit a crime.
Procuring - taking steps to cause or bring about the crime.
Even if you were not physically present, you may still face the same charge as the principal offender.
Can You Be Charged Without Realising It?
Intent and knowledge are critical. To be charged as an accessory under Australian Criminal Law, the prosecution usually needs to prove that you:
Knew about the crime or planned crime.
Intended to help, encourage, or conceal it.
Took some form of action that contributed.
For example, if you unknowingly lent your car to a friend and they used it to commit a robbery, you’re unlikely to be found guilty because you lacked knowledge and intent. However, if you were aware of their plan, you could face charges.
Assisting in an armed robbery could expose you to the same sentence as the person who committed it.
Being an accessory after the fact might result in a lesser sentence, but still a significant one — potentially prison.
This reflects the principle that crime would often be impossible without the help of others.
Possible Legal Defences
If accused of being an accessory, several defences may be available, including:
Lack of knowledge - You didn’t know about the crime.
No intent - You had no intention to aid or conceal the offence.
Duress - You acted because you were forced or threatened.
Mistaken identity - You were wrongly identified as being involved.
Each case is unique, and a skilled criminal lawyer can assess the circumstances to determine the best defence strategy.
Why Legal Advice is Essential
Accessory charges are complex because they often rely on proving what you knew and intended, rather than your physical actions. The evidence can include witness statements, digital messages, or even circumstantial proof.
Being accused of a crime you didn’t directly commit is daunting, but under Australian Criminal Law, you can still face serious charges as an accessory. The law treats aiding, abetting, or concealing an offence as significant forms of participation.
If you are facing accessory or aiding-and-abetting charges, take action today.
Contact New South Lawyers today for personalised advice and strong representation. Protect your rights and secure the best possible outcome for your future.
