[i roto i te reo Māori]

3. Accessory.

The definition of an Accessory is this: A person not present at the commission of a Felony, but concerned in such an offence, either before or after its commission.

A person present, aiding and abetting, would not be regarded as an Accessory, but as having himself committed a Felony, and would be indicted accordingly in the supreme Court.

One kind of Accessory to a Felony is where the person is concerned in it before its commission. As in the case of a person not present at the commission of a Felony by another, but Who procured, advised, commanded or assisted the person committing it. In the case of a Criminal Offence not amounting to Felony, a person concerned in it before its commission is considered as having himself committed such offence.

Another kind of Accessory to a Felony is where the person is concerned in it after its commission. As in the case of a person who knows of the commission of a Felony by another and receives, relieves, comforts of assists the felon, thus obstructing the course of the Law; whether such felon have himself committed the Felony as a principal, or have only been concerned in it before its commission, as an Accessory. Merely permitting a felon to escape would not make a person an Accessory. In the case of Criminal Offences not amounting to Felony there are no Accessories after the commission.