Abstract
A person who aids, abets, counsels, or procures another to commit an offence is criminally liable and known as an ‘accessory’ (or ‘accomplice’/‘secondary party’). This chapter focuses on the distinction between accessories and principals, how accessorial liability differs from inchoate liability, the principal offender, innocent agency, the accessory’s actus reus, whether an omission is sufficient, and whether mere presence at the crime is enough. The chapter discusses the Supreme Court decision in Jogee, examining problems of ‘joint enterprise liability’, issues of terminology, the significance of the doctrine of joint enterprise in murder, and why the Supreme Court characterized it as involving a ‘wrong turn’. It examines the limited role that the plea of overwhelming supervening event might play, particularly in homicide cases. It also deals with withdrawal by an accessory before the principal offender commits the crime, victims as parties to crime, and instigation by law enforcement officers for the purpose of entrapment.
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