Every person concerned in the commission of a crime is a party thereto. O.C.G.A. 16-2-20. Any party who did not directly commit the crime may be convicted of the crime upon proof that the crime was committed and he was a party thereto, despite the outcome of the one who directly committed the crime. O.C.G.A. 16-2-21.0a
Concerned in the Commission of a Crime
Concerned in the commission of a crime only if he: (1) directly commits crime, (2) intentionally causes some other person to commit crime under such circumstances that the other person is not guilty of any crime either in fact or because of legal incapacity, (3) intentionally aids or abets in the commission of crime, or (4) intentionally advises, encourages, hires, counsels, or procures another to commit crime. O.C.G.A. 16-2-20(b).%2B H
Accessory before the fact; accessory after the fact is hindering apprehension (16-10-50). State v. Freeman, 272 Ga. 813 (2000). "Abet" means to encourage, incite, or help and "Aid" means to give help or assistance to. In the Interest of J.Q.W., 288 Ga. App. 444 (2007). Presence alone is insufficient. Approval of the act is insufficient if it does not amount to encouragement. Bullard v. State, 263 Ga. 682 (1993). Proof of a common criminal intent with the actual perpetrators is necessary, and may be inferred from his conduct before, during, and after the crime. If associates shared common design to do an unlawful act, then any act done in pursuance by any one of them would be the act of each of them. Garcia v. State, 290 Ga. App. 164 (2008). Not required to be indicted as a party. Byrum v. State, 282 Ga. 608 (2007).
Punishment is that of the substantive offense. O.C.G.A. 16-2-21.
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