108Aiding escape: harbouring of persons unlawfully at large

108 Aiding escape: harbouring of persons unlawfully at large

[Section 108 Substituted by No. 77 of 1983, s. 3 ]

(1)  A person who –

(a) conveys anything, or causes anything to be conveyed –

(i) into a place where a person is in lawful custody; or

(ii) to a person who is in lawful custody at any place –

with intent to aid the escape of that person;

(b) intentionally or recklessly aids or allows a person to escape from lawful custody; or

(c) harbours, maintains, or employs a person who, having escaped from lawful custody, is unlawfully at large –

is guilty of a crime.

Charge:  

(a) Aiding escape from lawful custody.

(b) Aiding escape from lawful custody.

(c) Harbouring.

(2)  In any proceedings in respect of a charge under subsection (1) , it shall be presumed, until the contrary is proved, that the custody of the person charged was lawful.

(3)  It is a defence to a charge of harbouring to prove that the person charged did not know that the person harboured, maintained, or employed had escaped from lawful custody and was unlawfully at large.