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NeCede's

Maxim 7.1.24

The character of a past offense is never aggravated by a subsequent act or matter.

Source: Dig. 50, 17, 138, 1; Bacon, Max. reg. 8; Broom, Max. 42; Weisman, 26d Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A man's criminal liability is measured at the time of the offense and cannot be increased by anything he does afterward — later misconduct is charged separately.

Where this applies

  • A man convicted of simple assault cannot have his sentence increased just because he committed a separate crime months later.
  • A shoplifter's original charge stays petty theft even though she was later caught burglarizing a home.
  • A driver cited for running a stop sign cannot have that ticket upgraded to reckless driving because he later caused an accident at a different intersection.

Legal domains

Cite this maxim

NeCede Max. 7.1.24 — The character of a past offense is never aggravated by a subsequent act or matter. — Dig. 50, 17, 138, 1; Bacon, Max. reg. 8; Broom, Max. 42; Weisman, 26d

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