R v Huggins

Facts

The warden of the Fleet prison was charged in respect of the death of a prisoner. The cruelty was that of his deputy.

Issue

Is a principal criminally answerable for the act of his deputy?

Held

Raymond CJ said that in criminal cases the principal is not answerable for the act of his deputy, as he is in civil cases. Each must answer for his own acts. There was no command by the warden.

Principle

There is no general criminal vicarious liability. Command or personal involvement is required.

Why it matters

The later statutory devices, delegation and extended meanings of 'sell', are exceptions to this statement.

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