Accessary, Or Accessory - Definition - Law Dictionary Home Dictionary Definition accessary-or-accessory

Definition :

Accessary, or Accessory [particeps criminis quasi accedens ad culpam, Lat. As though assenting to the offence], he who is not a chief actor at a felony, nor present at its perpetration, but yet is in some way concerned therein, either before or after the fact committed. An accessory before the fact is one who being absent at the time of the commission of the felony, yet procures, counsels, or commands another to commit a crime. Absence is necessary to make him an accessory, for if he be present, he becomes a principal. An accessory after the fact is one who, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon; but a wife may lawfully receive, comfort and assist her husband, though knowing him to be a felon. In treason and misdemeanours there are no accessories, either before or after the offence, every person implicated being a principal [see (English) Accessories and Abettors Act, 1861, s. 8, and Du Cross v. Lambourne, (1907) 1 KB 40]. In manslaughter there cannot be an accessory before the fact, for it is by judgment of law an unpremeditated offence.

An accessory who knows that a crime has been committed and who helps the offender try to escape arrest or punishment.

As to the trial and punishment of accessories:-By the (English) Accessories and Abettors Act, 1861, an accessory before the fact to any felony may be indicted, tried, convicted, and punished in all respects as if he were a principal felon, and an accessory after the fact is in general punishable with imprisonment for any term not exceeding two years (with or without hard labour), and may also be required to find security to keep the peace, or in default to suffer an additional imprisonment to the extent of one year; but an accessory after the fact to murder is punishable by penal servitude for life, or not less than three years, or by imprisonment (with or without hard labour) to the extent of two years. (English) Offences Against the Person Act, 1861 (24 & 25 Vict. C. 100), s. 67. See Russell on Crimes; Roscoe's Criminal Evidence; Archbold's crim. Pleading; Steph. Dig. Crim. Law.