Accessory After The Fact Flashcards
Accessory After The Fact
Section 71, Crimes Act 1961
- Knowing any person to have been a party to the offence
- Receives, comforts or assists that person, or tampers or actively suppresses any evidence against him
- In order to enable him to escape after arrest, or to avoid arrest or conviction
Intent
- Specific Act (Receives, comforts or assists that person, or tampers or actively suppresses any evidence)
- Deliberate Outcome (to enable him to escape after arrest, or to avoid arrest or conviction)
What Must be Proved
- An offence has been committed by the defendant
- The accessory knows that the defendant has committed an offence
- The accessory receives, comforts or assists that person, or tampers or actively suppresses any evidence
- At that time, their purpose was to assist the defendant to escape, avoid arrest or conviction
Offence
Any act or omission that is punishable on conviction under any enactment
R v Crooks - Knowing
Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence. Mere suspicion of their involvement in the offence is insufficient.
Knowledge
Simester & Brookbanks - knowing means knowing or correctly believing.
Where this knowledge comes about after the assistance has been given they are not liable as an accessory.
R v Briggs - Wilful Blindness
As with a receiving charge under s246(1), knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.
Wilful Blindness
Intentional Ignorance. Where a person deliberately shuts their eyes and fails to inquire because they know what the answer will be. In situations where the means of the truth are easily accessible and the person realises the likely truth of the matter but refrains from asking in order not to know
R v Mane - Offence Must be Completed
To be considered an accessory the acts done by the person must be after the completion of the offence
Receiving / Comforting / Assisting
Receiving - Harbouring an offender or offering them shelter
Comforting - Providing food, clothing
Assisting - Providing transport, acting as a lookout, deliberately providing authorities with false information, giving advice, information or material to the offender
Silence or nondisclosure such as failing to report an offence to the authorities will not attract liability.
Tampers With Evidence / Actively Suppresses Evidence
Tampers With Evidence - alter evidence
Actively Suppresses Evidence - concealing or destroying evidence
Attempts
It is possible to be convicted of attempting to be an accessory.
In R v DH, the appellant was charged with attempting to be an accessory after the fact to murder by assisting the other in the unsuccessful attempt of disposing of the weapon used in a fatal robbery.
Innocent Agent
Where an innocent agent is employed by the accessory, the actions of the innocent agent will be held to be the actions of the accessory
R v Mane - Proof
An accessory after the fact is entitled to insist on proof that the alleged offence was committed and to challenge that proof.
Proceedings Against Parties to Offences, Accessories, and Receivers
Section 137, Criminal proceedings Act 2011
As per s137, a charging document may be laid whether or not any party to the principal crimes is charged, convicted or otherwise amenable to justice. An accessory may be charged alone or jointly along with any party to the principal crime.
