4. Accessory after the Fact

Question 1

What needs to be proved for accessory after the fact:

Answer 1

• Person must know that the offender has committed an offence and must:
Receive
Comfort
Assist the offender
Tamper with
OR
• Actively suppress any evidence against the offender so as to enable the offender to:
Escape after arrest OR
Avoid arrest or conviction

Question 2

When is Accessory after the fact complete?

Answer 2

Offence must be complete in order to be an accessory

R v Mane
To be considered an accessory the acts done by the person must be after the completion of the offence

Question 3

Case law associates to Knowledge

Answer 3

R v Crooks
Knowledge means actual knowledge or belief in the sense of having no real doubt the person assisted was a party to the relevant offence.

Question 4

What knowledge must the accessory must posses ?

Answer 4

• An offence has been committed AND
• Person they are assisting was a party (principal or secondary) to that offence

Question 5

Actus reus

Answer 5

Intentional acts are:
Receives
Comforts
Assists
Tampers with evidence
Actively suppresses evidence

Question 6

Innocent agent

Answer 6

Is employed by the accessory

The actions of the innocent agent will be held to be the actions of the accessory

Question 7

What is the involvement of accessories Acer the fact ?

Answer 7

They are not parties to the originals offence committed. They are involved after the fact the commission of the principal offence and are liable where their involvement assist the offenders to evaded justice