DO YOU KNOW YOU MIGHT HAVE HELPED SOMEONE COMMIT A CRIME?.

Arach has been having trouble with Lutome, one of her brothers-in-law, since Arach’s husband died. In one of their conversations at the market stall, Arach told Abalo, her best friend, that she was tired of Lutome calling her a useless widow and threatening to chase her away from their land. Abalo told her to only get back to her if she was tired and strong enough for ‘permanent medicine’.When the family meeting failed to resolve the problem and Lutome ended up announcing that he would never give Arach peace.

Arach went back to Abalo for the ‘medicine’. Abalo told her about this movie she watched where the man fell down a pit, and they agreed to try it. They borrowed Okello’s panga and the next night, they met at the well and set their trap. Lutome came by as usual drunk, tripped over the trap they set, and fell down the well. Arach jumped in just like in the movie Abalo told her and slit Lutome’s throat. 

The police have arrested Arach, Okello and Abalo for murder. Abalo keeps telling them that she is innocent because she only told Arach what she saw in the movie.

WHAT DOES THE LAW SAY?

When you are aware that another person wants to commit a crime, and they assist, give support or encouragement to the person who wants to commit the crime, the law says you are aiding and abetting the person committing that crime. Aiding usually involves material or financial support. 

Abetting includes any act to make it easy for the person to commit the crime. This includes encouraging, advising and even giving tips.

For one to be charged with aiding and abetting, the person must have knowledge that the assistance and support they are giving is in relation to a crime being committed. This makes them partners in crime. 

However, If a person is not aware of the person's intentions and they are simply helping, they cannot be criminally held responsible for aiding or abetting.

In this case, Abalo knew what Arach was going to do and gave tips on how to finish off Lutome. This is abetting the murder of Lutome. However, Okello cannot be charged with aiding or abetting because he did not encourage or have an idea that his panga was going to be used fo the murder of Lutome.

Source: BarefootLawyers.