Accessory after the Fact Flashcards

1
Q

Accessory After the Fact

CA.61 S.71(1)

A

Under 10 years = Half penalty
10 years or more = 5 years
Life imprisonment = 7 years
1. Knowing any person to be a party to an offence
2. Receives, comforts or Assists that person OR Tampers with or actively suppresses any evidence against him or her
3. In order to enable him or her to escape after arrest OR to avoid arrest or conviction

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2
Q

Knowing

A

The accused must have knowledge that the person they are being an accessory to was party to an offence at the time of assisting them.

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3
Q

Simester and Brookbanks

A

Knowing means knowing or correctly believing. the belief must be a correct one, where the belief is wrong a person can not know something.

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4
Q

R V CROOKS

A

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.

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5
Q

R V BRIGGS

A

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

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6
Q

Offence (in relation to Accessory)

A

Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories.

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7
Q

Rights in relation to principal offence

A

A person charged with being an accessory after the fact is entitled to insist on proof of the principal crime and to challenge the evidence of it even if the principal offender has plead guilty.

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8
Q

Receives / Comforts / Assists

A

A deliberate act for the purpose of assisting the person to evade justice .The act done must actually help the person in some way.
Receive - bring in/hide
Comfort - food and water
Assist - provide transport or supplies/sell/lie

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9
Q

Tampers with or actively supresses evidence

A

A deliberate act in relation to evidence against the offender for the purpose of assisting the person to evade justice. The act must actually help the person.

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10
Q

R V MANE

A

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

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11
Q

Enable escape after arrest

A

The act must have specifically assisted the offender after they had been arrested.

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12
Q

Avoid arrest of conviction

A

All acts done by the person with the express intention that the person evades justice by avoiding arrest or conviction.

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