Accessory
before the fact
One suspected of or charged with
beforehand knowledge or participation
in a crime. An accessory is a person
who assists in the commission of
a crime, but does not actually participate
in the commission of the crime as
a joint principal. The distinction
between an accessory and a principal
is a question of fact and degree:The
principal is the one whose acts
or omissions, accompanied by the
relevant mens rea, are the most
immediate cause of the actus reus
(Latin for "guilty act").If
two or more people are directly
responsible for the actus reus,
they can be charged as joint principals
(see common purpose). The test to
distinguish a joint principal from
an accessory is whether the defendant
independently contributed to causing
the actus reus rather than merely
giving generalised and/or limited
help and encouragement.
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