2F: Possible participants in a crime

Principal offender definition

The person who actually commits the offence and/or is directly linked to the enactment of the law

What does the principal offender have in most cases?

The actus reus and the mens rea

Can there be more than 1 principal offender?

Yes

In order for a person to be considered a principal offender in a crime they must:

• Assist, encourage or direct the commission of an indictable offence by another person

• Enter an agreement, arrangement or understanding with another person to commit an offence

Are principal and accessory offenders included in summary crimes?

No

Does a person have to be physically present at the crime in order to be a principal offender?

No

What are principal offenders subjected to whether they were present at the crime or not?

The max penalty whether they had the actus reus or were involved in another way

Accessory offender definition

Any person who knows or believes that a person is guilty of a serious indictable offence and acts to prevent the arrest, prosecution or punishment of that person

What happens to the accessory if the principal offender is found not guilty?

The accessory can still be charged and found guilty

What are examples of being an accessory?

• Hiding the principal offender

• Hiding, destroying or tampering with evidence

• Helping criminal offender escape arrest

What’s the max imprisonment for an accessory if the principal offenders max sentence is life imprisonment?

20 years

Otherwise, what is the average penalty for accessories?

can’t exceed 5 years or more than half of the principal offenders potential sanction