Aiding and Abetting Needs Knowledge of Offence
The prosecutor appealed after dismissal of the allegation that the respondent licensee landlord had aided and abetted the manager’s serving of drink outside licensing hours. The defendant had not known of the offence or been present when the glasses had not been collected.
Held: The prosecutor’s appeal failed. A person who aids or abets the principal offence, sometimes referred to as an accessory at the fact (and in felony cases as the principal in the second degree), is one who is present and, by way of actus reus, renders assistance or encouragement to the principal in the commission of the offence. A person who counsels or procures an offence (referred to also as an accessory before the fact) is not present but provides assistance or encouragement prior to the commission of the offence.
Where the prosecution are unsure of the precise role played by the accused it is permissible to allege aiding, abetting, counselling or procuring in the alternative in one count.
Lord Goddard CJ in delivering the judgment of the Court said:[22]
‘That all these words may be used together to charge a person who is alleged to have participated in an offence otherwise than as a principal in the first degree was established by In Re Smith 3 H and N 227.’
Lord Goddard CJ
115 JP 142, [1951] 1 KB 814, [1951] 1 All ER 412
England and Wales
Crime, Licensing
Leading Case
Updated: 01 November 2021; Ref: scu.655555
