Commentary on Sections Part 2: Encouraging or Assisting Crime.Inchoate offences Section 48: Proving an offence under section 46
163.This section provides further rules in relation to what needs to be proved to establish guilt for an offence under section 46.
164.Subsection (2) makes it clear that it is sufficient to establish that a person who provides encouragement or assistance had the required belief or recklessness as to fault, consequences and/or circumstances (as required by section 47(5)) in relation to one offence only.
165.Subsection (3) provides that the offence for which the elements mentioned in section 47(5) are proved must be one of those specified in the indictment. But this is subject to those rules which permit a person accused of one offence to be convicted of another and in particular to section 57 (alternative verdicts and guilty pleas).