Accessory after the fact

Question 1

Accessory after the fact
s71

Answer 1

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

Question 2

Penalty of accessory after the fact

Answer 2

7 years if its a life imprisonment offence
5 years if max punishment is 10 years
1/2 if max punishment under 10 years

Question 3

Elements for accessory after the fact

Answer 3

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

Question 4

Any person

Answer 4

Natural meaning, means any person except for spouse/civil union

Question 5

Offence

Answer 5

Any act or omission that is punishable on conviction under any enactment

Question 6

Does the offence need to be complete for accessory?

Answer 6

Yes

Question 7

R v CROOKS

[Crooks knows no knowledge]

Answer 7

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

Question 8

Simester and brookbanks

Answer 8

Knowing means knowing or correctly believing. The belief must be correct as when the belief is wrong, a person can not know something

Question 9

When does the accessory must have knowledge when giving assistance?

Answer 9

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

Question 10

R v BRIGGS

[Briggs - lawnmower - wilful blindness/receiving]

Answer 10

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

Question 11

What two situations would a person be considered wilfully blind?

Answer 11

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

Question 12

What are the five actus reaus for accessory after the fact

C.A.R.T.S

Answer 12

• receives
• comforts
• assists
• tampers with evidence
• actively suppresses evidence

Question 13

What are the three ways of evading justice

Answer 13

• escape after arrest
• avoid arrest
• avoid conviction

Question 14

R v MANE

[Maine - the hike (offence) must be completed]

Answer 14

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

Question 15

What is receiving or comforting an offender?

Answer 15

Harbouring an offender can be considered receiving/comforting

Comforting - provides offender with things such as food and clothing

Question 16

Can a receiver of property be charged for accessory?

Answer 16

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

Question 17

What is assisting?

Answer 17

Covers a wide range of things such as:
- providing transport
- acting as a look out
- deliberately providing false information
- giving advise to offender

Question 18

Circumstances of R v GIBBS

Answer 18

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.

Question 19

R v GIBBS

[GIBBS is a coal and firewood brand - to get supplies]

Answer 19

Acts done by the accessory must have helped the other person in some way to evade justice

Question 20

Tampers

Answer 20

Means to alter the evidence against the offender

Question 21

Actively suppresses evidence

R v LEVY

Answer 21

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.

Question 22

Can someone be charged for attempting to be an accessory? Give example

Answer 22

Yes - R v DH , defendant charged for an unsuccessful attempt to dispose of a weapon used in a fatal robbery

Question 23

Discuss indirect assistance

Answer 23

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

Question 24

What are the three intents for accessory?

Answer 24

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.

Question 25

Does intent in accessory need to be the dominant reason?

Answer 25

No but it still must be present.

EG. Accessory conceals evidence that would lessen a chance of their own conviction but would also assist the chance of the offender being convicted

Question 26

Charging an accessory summary

Answer 26

Per s137 - a person can be charged whether or not the primary offender is charged or convicted.

An accessory can also be charged alone or jointly with any party tot he principle offence

Question 27

Does the offence in accessory after the fact of the offence need to be proved?

Answer 27

Yes - according to R v MANE, the defendant is entitled for the offence to be proved and to be able to challenge that proof. Even if the offender for that offence has pleaded guilty.

Question 28

Can a person be convicted of an accessory even when the offender is acquitted?

Answer 28

Yes unless the accessories conviction is inconsistent with the acquittal of the original offender.