Primary and derivative criminal liability: An Australian perspective

Abstract

Those who contribute to the commission of a crime without committing the actus reus themselves may be liable as accessories or secondary offenders. The general rule is that their liability is derivative and depends on the liability of the person who does commit the actus reus. Unqualified, this rule would lead to scandalously unmeritorious acquittals. Both English and Australian courts have adopted principles or devices to convict those whose participation in the crime is indirect even where the direct perpetrator is for some reason not liable. While there are some cases whose reasoning appears to negate the general rule, most of the authorities accept the general rule but carve out limited ..