ABSTRACT

This chapter provides the law of secondary liability – aiding, abetting, counselling or procuring. The person who directly and immediately causes the actus reus of the offence is the 'perpetrator' or 'principal', while those who assist or contribute to the actus reus are 'secondary parties', or 'accessories'. They may be both principals, provided that each has mens rea and together they carry out the actus reus. If D and E plant a bomb, which explodes killing V, then they are both liable as principals for homicide. The chapter analyses critically the rules on secondary liability. In some cases, it may be obvious that a crime has been committed by one or both of two people but it may not be clear either who is the principal or whether the other was an accessory. The chapter discusses the law to factual situations to determine whether there is liability as an accessory.