Accessory after the fact

Question 1

Accessory after the fact liability

Answer 1

s71(1) Ca 1971

-anyone who
- knowing any person to have been a party to the 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 or avoid arrest or conviction

Question 2

What needs to be proved

Answer 2

1) The person who is received etc is a party to an offence

2) at the time of receiving etc that person, the accessory knows that person was a party to an offence

3) the accessory received, comforted, or assisted that person or actively tampered with or suppressed any evidence against that person

4) at the time of the receiving, comforting, or assisting etc, the accessory’s purpose was to enable that person to escape arrest or avoid arrest or conviction

Question 3

R v Crooks

Answer 3

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 the involvement is insufficient

Question 4

What knowledge must an accessory have at the time assistance is being given?

Answer 4

• knowledge that an offence has been committed, AND
• that the person they are assisting was a party (principal or secondary) to that offence

Question 5

R v Briggs

Answer 5

knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth

Question 6

Two situations where a person would be considered wilfully blind:

Answer 6

1) deliberately shuts their eyes and fails to enquire, or
2) in situations where knowledge would be easily at hand and the person realises the truth of the matter but refrains from enquiring in order not to know

Question 7

Actus reus of accessory after the fact

Answer 7

must do deliberate intentional act
with the purpose of assisting the person to evade justice
must also possess the knowledge

Question 8

Five elements that define what a person must do to be an accessory after the fact

Answer 8

• receive
• comfort
• assist
• tamper with evidence
• actively suppress evidence

Question 9

R v Mane

Answer 9

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

Question 10

Receives, comforts, assists definition

Answer 10

the accessory assisted the offender(s) to evade justice by one means or another
e.g. giving food or clothing

Question 11

Tampers with versus actively suppresses

Answer 11

Tampers: alter evidence against offender
Suppress: acts of concealing or destroying evidence against an offender

Question 12

The intent held by the accessory must be one of what?

Answer 12

to enable the offender to:
- escape after arrest
- avoid arrest
- avoid conviction