Accessorial Liability Issues; • • Law; 1. ‘The offence condition’ – The primary offender (P1) committed an offence Liability of the secondary participant is derivative (Not primary liability, and accessorial liability will come after the actual conviction of the primary offender). This means that the offender/s with primary liability must be convicted of a crime. Can offenders be charged as an accessory to break and enter? Can offenders be charged as an accessory to murder? Break and enter- On the facts, Alan and Betty committed a break and enter offence: they intentionally entered Vince’s house without his consent. The law says that ‘breaking’ does not occur if a person further opens an already opened window mode of entry (Stanford v R [2007] NSWCCA 370). In this case, the window was not open just unlocked. Therefore a person can be charged with an offence if a person enters through a door, window or gate that is closed or unlocked. The break and enter was clearly intentional as the parties planned out the enterprise.