Accessory After The Fact

Question 1

What section is accessory after the fact?

Answer 1

Section 71

Question 2

What are the elements to the offence of accessory after the fact?

Answer 2

• knowing the offender is party to an offence and,
• receives, comforts or assists the offender, and
• receives, comforts or assists or tampers with any evidence
• helps them avoid arrest or conviction

Question 3

Explain R v MANE

Answer 3

To be considered accessory after the fact, the offence has to have been completed by the offender.

Question 4

Explain R v CROOKS

Answer 4

Knowledge means actual knowledge the person assisted was party (principal or secondary) to an offence. Mere suspicion is not enough.

Question 5

R v BRIGGS

Answer 5

Knowledge may also be inferred from wilful blindness or a deliberate abstention from enquiries that would confirm that suspected truth.