Skip to content
NeCede's

Maxim 11.1.18

Where there is no principal, there can be no accessory.

Ubi non est principalis non potest esse accessorius.

Source: 4 Coke, 43; Weisman, 2i Difficulty 2/5 — Approachable

Explanation

Without a principal act or offense, no accessory liability can exist — the accessory charge is entirely dependent on the commission of the primary act.

Where this applies

  • A man is charged as an accessory to a robbery, but the alleged principal is acquitted — with no underlying crime established, the accessory charge must also fall.
  • Police arrest someone for 'aiding and abetting' a protest, but the protest itself was lawful and no principal offense occurred, so there is nothing to be an accessory to.
  • A getaway driver is charged as an accessory to burglary, but the principal was never charged and no burglary was ever proven — the accessory charge cannot stand alone.

Legal domains

Cite this maxim

NeCede Max. 11.1.18 — Where there is no principal, there can be no accessory. — 4 Coke, 43; Weisman, 2i (Ubi non est principalis non potest esse accessorius.)

Found an error? Suggest a correction →