Accessory

Question 1

Accessorry

Answer 1

ANYONE [the accessory]

The defendant JN CE …must have actus rea and mens reus [intent to receive C,A,T,A,S] and intent to get specific outcome help avoid arrest, escape from arrest or avoid conviction.

KNOWING ANOTHER PEROSN TO HAVE BEEN A PERTY TO AN OFFENCE

Knowing - Simester and brookbanks - the belief must be a correct one, where the belief is wrong a person cannot know something.

Knowledge must exist at the time of assistance - must know offence has been committed and the person they are assisting was a party to that offence.

R v Crooks - knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a part to the offence. Mere suspicion of their involvement is insufficient.

Wilful blindness
A person is considered wilfully blind if:
The person deliberately shut their eyes and fails to inquire this is because they knew what the answer would be or
In situation the means of knowledge are easily as the hand and the person realizes the likely truth of the matter but refrains from inquiring in order not to know.

R v Briggs - knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquiries that would confirm the suspected truth.

R v Mane - to be considered an accessory the acts done by the person must be after the completing of the offence.

RECEIVES, CONFORTS, OR ASSISTS THAT PERSON OR - TAMPERS WITH OR ACTIVELY SUPPRESSES ANY EVIDENCE AGAINST HIM OR HER.

Receives - harboring an offender or offering them shelter can be considered receiving.

Comforting - situations where an accessory provides an offender with things such as food and clothing.

Assist - covers number of situation, providing transport, acting as a look out, ID someone willing to purchase stolen property, giving authorities false information, giving advice information, material or services.

Tampers with or actively suppresses evidence - washing clothing, burning evidence, cover up by false statement.

IN ORDER TO ENABLE HIM TO AVOID ARREST, ESCAPE OR AVOID CONVICTION.

Intention of the accessory to do this …avoid arrest, escape or avoid conviction.

Question 2

Accessory after the fact SUMMARY

Answer 2

• To be considered an accessory after the fact the person must know that the offender has committed an offence and must:
  ~receive
  ~comfort, or
  ~assist the offender, or
  ~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.
• Accessories after the fact are not parties to the original offence committed; they are instead involved after the commission of the principle offence and are liable where their involvement assists the offenders to evade justice.
• An accessory after the fact may insist that the principle offence be proved, this despite any guilty plea entered or conviction recorded against the principle offender.