LEGAL PRINCIPLE: CRIMINAL LAW – Common Intention – Liability Dependent on Principal’s Guilt
PRINCIPLE STATEMENT
Without the principal accused being guilty of the offence charged, a co-accused cannot be held guilty under the provisions of common intention (section 79 of the Penal Code).
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, in Kwaghshir v. The State (1995) NLC-351994(SC) at p. 15; Para A.
"Without the 1st appellant being guilty of the offence charged, the 2nd appellant cannot be held to be guilty pursuant to the provisions of section 79 of the Penal Code."
EXPLANATION / SCOPE
Common intention liability is derivative. If the principal is not guilty, the accessory cannot be guilty. The principle applies to sections 79 of the Penal Code and 8 of the Criminal Code. The prosecution must prove the principal’s guilt first. The court cannot convict an accessory if the principal is acquitted. The rule protects co-accused from liability without a principal offender. The principle is based on the nature of joint liability. The court will examine the evidence against each accused separately.