ACCESSORY AFTER THE FACT Flashcards

1
Q

What needs to be proven for accessory after the fact?

A

What must be proven:
- That the person (Person A) who is Comforted, Assisted or Received by the accessory (Person B) is a party to an offence that HAS been committed.
- That person B knows that person A is a party to the offence.
- That person B either Comforted, Assisted, received person B or tampered with or actively suppressed evidence against person A.
- That at the time of the Comforting, Assisting or Receiving, Person B’s purpose was to enable person A to escape after arrest OR to avoid arrest OR detention

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2
Q

What are the ingredients of accessory after the fact?

A
  • Knowing any person to have been a party any offence.
  • Comforts, Assists, Receives or tampers with any Evidence or actively Suppresses evidence of the offence.
  • In order to enable him to escape after arrest OR avoid arrest of conviction.
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3
Q

What knowledge must exist at the time assistance is given in order for it to be considered “An accessory after the fact”?

A

A: The accessory must:

  • Know that an offence HAS been committed AND
  • The person they are assisting was a party to that offence
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4
Q

Discuss wilful blindness in relation to knowledge an apply relevant case law?

A

R v Briggs

  • As with receiving charge knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquiries that would confirm the suspected truth.

Ex)
A person is considered wilfully blind where they deliberately shut their eyes and fails to inquire, because they knew what the answer would be. Or they are in a situation where the means of knowledge are easily at hand and the person realizes the likely truth but refrains from inquiring in order not to know.

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5
Q

Outline the three intents of Accessory after the fact.

A

A: To enable the offender to;
- Escape after arrest
- Avoid arrest
- Avoid conviction

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6
Q

Outline 5 Intentional Acts of Acessory after the Fact?

A

Comforts
Assist
Receive
Tampers with evidence or actively suppress evidence

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