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.
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.)
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