4. Accessory After the Fact

Question 1

**4. Under what circumstances can you charge someone as being an accessory after the fact when they have received goods dishonestly obtained?

Answer 1

receiving of those goods was done with a view to helping the offender and enabling them to evade justice. It is generally accepted that receivers purchase stolen property for their own financial gain, not to assist the principal offender. Where the contrary is proved then an accessory charge is appropriate.

Question 2

**3. What is the principal difference between a party to an offence and an accessory after the fact?

Answer 2

parties are involved in the offence before or during the commission of the offence, whereas accessories are involved after the principal offence has been committed.

Question 3

**2. Briefly define the meaning of each of the following terms as they relate to accessories after the fact: 
Receives 
Comforts 
Assists 
Tampers with 
Actively supresses

Answer 3

• receives: Common law meaning and refers to harbouring an offender or offering them
shelter, eg hiding an escapee in a basement.

• comforts: Common law meaning and refers to providing shelter, accommodation, food,
clothing or other supplies to an offender.

• assists: Common law meaning and refers to providing transport, acting as a look out,
identifying purchaser for stolen property as a receiver, deliberately providing authorities with false information as to an offender’s whereabouts, giving advice, information, material or services to the offender.

• tampers with: Means to alter the evidence against the offender, eg modifying an offender’s telephone records to conceal communications that might implicate them.
• actively suppresses: This encompasses acts of concealing or destroying evidence against an offender, eg washing bloodied clothing repeatedly to remove evidence or destroying it.

Question 4

**1. What intent must be present in the mind of a person at the time of providing assistance to a party to an offence, so as to make that person liable as an accessory after the fact?

Answer 4

• enable the offender to escape after arrest, or

* enable that offender to avoid arrest or conviction.

Question 5

Can a person be convicted of accessory after the fact if the principal offender is acquitted?

Answer 5

Yes

Question 6

What are the three intents of an accessory? Enable the offender to….

Answer 6

• Escape after arrest
• Avoid arrest
• Avoid conviction

Question 7

Is it possible to be convicted of attempting to be an accessory after the fact?

Answer 7

Yes

Question 8

Is it necessary to prove that what the accused destroyed would, in fact, have evidence had it not been destroyed?

Answer 8

No

Question 9

Define receives, comforts or assists

Answer 9

Assisted the offender to evade justice, by one means or another

Question 10

What are the intentional acts in accessory after the fact?

Answer 10

Receives 
Comforts 
Assists 
Tampers with evidence 
Actively supresses evidence

Question 11

What are the three ways to evade justice?

Answer 11

Escape after arrest
Avoid arrest
Avoid conviction

Question 12

A person is considered wilfully blind in only two situations, these being:

Answer 12

• Where the person deliberately shuts their eyes and fails to inquire; this is because they knew what the answer would be, or
• In situations where the means of knowledge are easily at hand and the person realises the likely truth of the matter but refrains from enquiring in order not to know

Question 13

*At the time of the assistance being given, an accessory must possess the knowledge that:

Answer 13

• an offence has been committed AND

- The person they are assisting was a party (principal or secondary) to that offence

Question 14

**what is an offence/ crime?

Answer 14

Any act or omission punishable by conviction under any enactment

Question 15

What needs to be proved in accessory after the fact?

Answer 15

• That the person (person A), who is received, comforted or assisted by the accessory (person B) is a party (principal or secondary party) to an offence that has been committed.
• That, at the time of receiving, comforting or assisting that person (person A), the accessory (person B) knows that person (person A) was a party to the offence.
• That the accessory (person B) received, comforted or assisted that person (person A) or tampered with or actively suppressed any evidence against that person (person A).
• That, at the time of the receiving, comforting or assisting etc, the accessory’s (person B) purpose was to enable that person (person A) to escape after arrest or to avoid arrest or conviction.

Question 16

What are the penalties for accessory after the fact?

Answer 16

Up to 7 if the offence is life
Up to 5 if the offence is 10+
Half the penalty of the offence if under 10