Accessory After the Fact Flashcards
What are the intentional acts, actus reus, for accessory?
- Receives
- Comforts
- Assists
- Tampers with evidence
- Actively suppresses evidence
What needs to be proven for accessory after the fact (Ingredients)
- That the person who is received, comforted or assisted by the accessory is a party to an offence that has been committed
- That at the time of receiving, comforting, or assisting that person, the accessory knew that the person was party to the offence
- That the accessory received, comforted, or assisted that person or tampered with or actively suppressed any evidence against that person
- That at the time of receiving, comforting or assisting etc, the accessory’s purpose was to enable that person to escape after arrest or to avoid arrest or conviction
(MC) Spouse/Civil union partner exceptions:
Under S71(2), you cannot be charged with being an accessory after the fact to your spouse (legally married), or your spouse and another party (this is when they work in concert). This is the same for those in a civil union, but not a de-facto relationship.
What was held in R v Crooks in relation to 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.
(SA) Knowing any person to have been a party to an offence
Knowing means knowing, or correctly believing. The belief must be a correct one, where the belief is wrong, a person cannot know something.
Interviewing an accessory, what knowledge must an accessory possess?
- An accessory must possess the knowledge that an offence has been committed, and the person they are assisting was a party to that offence
- Where knowledge comes about after the assistance has been given, they are not liable as an accessory
Matt committed a crime, he goes to his girlfriend and tells her. She receives him and hides him from Police. What is her liability?
Accessory after the fact.
A guy kills someone, lies to the flatmate and asks her to get rid of the clothes and she throws them away. The next day, he comes clean and tells her the truth. What is her liability?
No liability. Cannot be charged be accessory after the fact or parties to. Knowledge came after the assistance.
Caesar and Joseph go home after an armed robbery at an Italian restaurant. They tell their flatmate, Smokey, that they have robbed the restaurant and stolen copious amounts of meatballs and dry spaghetti. Caesar and Joseph leave shortly afterwards to battle an ancient vampire. Shortly afterwards, the Police turn up at the address and ask Smokey about the robbery. Smokey says that he doesn’t know anything about the robbery and that Joseph and Caesar do not live at the address, then tells the Police Officers to leave. Is Smokey liable?
No offence.
