Accessory after the fact

Question 1

Outline the wording for section 71 CA61

Answer 1

This section is accessory after the fact

S71
(1) An accessory after the fact to an offence is one who, knowing any person to have been a party to an offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him, in order to enable him to escape after arrest arrest or to avoid arrest or conviction.

Question 2

Discuss the 4 elements of the offence accessory after the fact

Answer 2

1 - That the person (person A) is received, comforted or assisted by the accessory (person B), is a party (principal or secondary) to an offence that has been committed.

2 - 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

3 - That the accessory (person B) received, comforted or assisted that person (person A) or tampered wih or actively suppressed any evidence against that person (person A)

4 - That, At the tme of receiving, comforting or assisting, the accessories (person B) purpose was to enable that person (person A) to escape after arrest or to avoid arrest or conviction.

Question 3

Does the offence need to be complete for accessory after the fact

Answer 3

Yes, the offence needs to be complete. If the person B assists before or during then consider being a party to or conspirator an offence.

Question 4

Discuss what is meant by knowing and refer to case law

Answer 4

Knowing means to correctly believe. That belief must be a correct one. Where the belief is wrong a person can not know something

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

Question 5

When must the belief be held for a person to be convicted of accessory after the fact.

Answer 5

the belief must be held at the time the assistance was given and they must also know that an offence has been committed and that person was a party (principal or secondary) to that offence

Question 6

Discuss R v Briggs

Answer 6

As witha receiving charge under S246(1), knowledge may also be inferred from wilful blindness or a deliberate omission from making enquiries that would confirm the suspected truth.

Question 7

R v MANE

Answer 7

To be considered an accessory, the acts done by the person must be after the completion of the offence.

IE in this case law the charge of accessory after the fact to murder was dropped as the accused assisted the offender after he shot the victim and before the victim succummed to his injuries.

Question 8

Receiving or comforting

Answer 8

Harbouring or offering shelter to an offender can be deemed as receiving or comforting.

Question 9

Assisting

Answer 9

Acting as a look out, driving around, giving advise

Question 10

Discuss Tampering with evidence

Answer 10

Tampering means to alter the evidence. IE modify someones telephone records so the person is not implicated

Question 11

Discuss actively suppressing evidence

Answer 11

Means the acts of concealing or destroying the evidence.

IE: Washing bloody clothes multiple times to wash away the blood or burning them to destroy the evidence.

Question 12

What must be proved in relation to the accessories intent

Answer 12

That they, received, comforted, assisted, tampered with or ctively suppressed evidence with the intent to enable the offender to:

escape after arrest
avoid arrest
avoid conviction

Question 13

What intent must eb present in the mind of the person at the time of providing assistance to a party of an offence, so as to make them liable to Accessory after the fact

Answer 13

At the time of the assistance the person must have the intention to enable the offender to escape after arrest or enable the offender to aviod arrest or conviction.

Question 14

Breifly outline the 5 actus reus in relation to accessory

Answer 14

Receives - harbouring an offender or offering them shelter

Comforts - Offering someone shelter or providing food or clothing

Assists - Providing transport or giving advise or providing authorities false nformation

Tampers with - Alters evidence

Actively suppresses evidence - To conceal or destroy evidence

Question 15

What is the principle between a party to an offence and accessory after the fact.

Answer 15

Parties to an offence are involved in the offence before or during and being an accessory is being involved after the principal offence has been committed.

Question 16

Under what circumstances can you charge someone as beng an accessory after the fact when they have received goods dishonestly obtained

Answer 16

when the receiver of those goods was done with the view to assist the offender in evading justice.

Usually a receiver receives the goods with the intention to benefit themselves and not help the principal. When the latter is found then an accessory charge is approopraite.