Accessory after the fact Flashcards
Accessory after the fact
s71
An accessory after the fact is one who know any person to have been a party to of the offence, receives, comforts or assist that person or tampers with or suppresses evidence in order to enable him to escape after arrest or to avoid arrest or conviction
Penalty of accessory after the fact
7 years if its a life imprisonment offence
5 years if max punishment is 10 years
1/2 if max punishment under 10 years
Elements for accessory after the fact
That the person (A) who is received, comforted or assisted by the accessory (B) is a party (principal or secondary) to an offence that has been committed
At the time of receiving, comforting or assisting (A), (B) knows that (A) was a party to that offence.
(B) received, comforted or assisted A or tampered with or actively suppressed any evidence against A
At the time of receiving, comforting or assisting (B) purpose was to enable (A) to escape after arrest or to avoid arrest or conviction
Any person
Natural meaning, means any person except for spouse/civil union
Offence
Any act or omission that is punishable on conviction under any enactment
Does the offence need to be complete for accessory?
Yes
R v CROOKS
[Crooks knows no knowledge]
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
Simester and brookbanks
Knowing means knowing or correctly believing. The belief must be correct as when the belief is wrong, a person can not know something
When does the accessory must have knowledge when giving assistance?
At the time, the accessory must have knowledge that:
- the offence has been committed
- the person they are assisting was a party (principal or secondary) to that offence
R v BRIGGS
[Briggs - lawnmower - wilful blindness/receiving]
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
What two situations would a person be considered wilfully blind?
1) person deliberately shuts their eyes and fails to inquire - cause they know what the answer will be
2) Knowledge is easy to obtain and likely knows the truth however refrains from inquiring in order not to know
What are the five actus reaus for accessory after the fact
C.A.R.T.S
- receives
- comforts
- assists
- tampers with evidence
- actively suppresses evidence
What are the three ways of evading justice
- escape after arrest
- avoid arrest
- avoid conviction
R v MANE
[Maine - the hike (offence) must be completed]
To be considered an accessory the acts done by the person must be after the completion of the offence
What is receiving or comforting an offender?
Harbouring an offender can be considered receiving/comforting
Comforting - provides offender with things such as food and clothing
Can a receiver of property be charged for accessory?
Usually not as it’s not done with a view to assist the offender to avoid justice. However if there is evidence to the contrary then it could be possible
What is assisting?
Covers a wide range of things such as:
- providing transport
- acting as a look out
- deliberately providing false information
- giving advise to offender
Circumstances of R v GIBBS
Gibbs was convicted for accessory after the fact to an escape of a convicted murderer. They were hiding together and Gibbs went out to buy supplies. He argued that the supplies was for his own use but the courts determined otherwise.
R v GIBBS
[GIBBS is a coal and firewood brand - to get supplies]
Acts done by the accessory must have helped the other person in some way to evade justice
Tampers
Means to alter the evidence against the offender
Actively suppresses evidence
R v LEVY
Means acts of concealing or destroying evidence against an offender.
In R v LEVY, Levy was convicted of being an accessory after the fact to counterfeiting currency. Levy had removed equipment after it was used by the offender and after the arrest recovered the moulds used.
Can someone be charged for attempting to be an accessory? Give example
Yes - R v DH , defendant charged for an unsuccessful attempt to dispose of a weapon used in a fatal robbery
Discuss indirect assistance
There is no requirement that the offender is directly assisted by the accessory.
Can still be charged for accessory if B helps A indirectly through C
What are the three intents for accessory?
To assist an offender to:
- escape after arrest
- avoid arrest
- avoid conviction
Mere knowledge that an act is likely to assist an offender is insufficient.
