ACCESSORY AFTER THE FACT Flashcards
What needs to be proven for accessory after the fact?
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
What are the ingredients of accessory after the fact?
- 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.
What knowledge must exist at the time assistance is given in order for it to be considered “An accessory after the fact”?
A: The accessory must:
- Know that an offence HAS been committed AND
- The person they are assisting was a party to that offence
Discuss wilful blindness in relation to knowledge an apply relevant case law?
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.
Outline the three intents of Accessory after the fact.
A: To enable the offender to;
- Escape after arrest
- Avoid arrest
- Avoid conviction
Outline 5 Intentional Acts of Acessory after the Fact?
Comforts
Assist
Receive
Tampers with evidence or actively suppress evidence
