ACCESSORY AFTER THE FACT

Question 1

An ACCESSORY After the Fact is a person who does what?

Answer 1

(1) DESTROYS or TAMPERS with evidence
(2) To help the offender AVOID or ESCAPE arrest.

Question 2

Section 71(1) liability:

Answer 2

CA61 s71
(1) An accessory after the fact to an offence is one who,

Knowing any person to have been a party to the offence,

Receives, comforts, or assists that person

Or tampers with or actively suppresses any evidence against him

In order to enable him to escape after arrest or to avoid arrest or conviction

Question 3

Section 312 penalty for ACCESSORY after the Fact:

Answer 3

(1) Not exceeding 7 years if max is LIFE
(2) 5 years if max is 10 or more years
(3) Otherwise half of the penalty for a principal of that offence.

Question 4

Accessory after the fact; what 4 things need to be proved:

Answer 4

(1) The PERSON ASSISTED is a party, principal, or secondary party to the offence
(2) KNOWS at the TIME, the person was a party to the offence committed
(3) ASSISTED the person, or TAMPERED with evidence against that person
(3) PURPOSE was to facilitate escape or avoid arrest

Question 5

Accessory after the fact. What are the ACTUS REUS taken:
(CAR TASE)

Answer 5

(1) Comforting, Assisting, Receiving
(2) Tampering, Actively Suppressing, Evidence

Question 6

Accessory after the fact; what are the Mens Rea?
(KFC)

Answer 6

(1) KNOWS the person is a party
(2) Intends to FACILITATE escape
(3) Intends them to Avoid Arrest or CONVICTION

Question 7

Must an offence be COMPLETE for another person to be an ACCESSORY?

Answer 7

Yes

Question 8

Define KNOWING:

Answer 8

Correctly Believing

Question 9

Quote R v Crooks
(Knowing he’s a crook)

Answer 9

R v Crooks
Knowing 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 IS INSUFFICIENT.

Question 10

What 2 things must an ACCESSORY know at the time:

Answer 10

(1) an OFFENCE has been committed
(2) the PERSON assisted WAS A PARTY

Question 11

R v BRIGGS
How does this case law relate to KNOWLEDGE?

Answer 11

R v Briggs
…Knowledge may be inferred from WILLFUL BLINDNESS…or lack of inquiry.

Question 12

Are WILFUL BLINDNESS and RECKLESSNESS the same thing?

Answer 12

No. Wilful blindness can be equated with Knowdege. Whereas Recklessness relates to what someone SHOULD have known.

Therefore, Recklessness does NOT make someone an ACCESSORY.

Question 13

What 2 situations qualify as WILFUL BLINDNESS:

Answer 13

(1) KNOWING what THE ANSWER will be, shuts their eyes and fails to enquire.
(2) The MEANS OF KNOWLEDGE are EASILY AT HAND but refrains to inquire.

Question 14

What are the 5 intentional acts of being an ACCESSORY:
(CATAR)

Answer 14

(1) RECEIVES
(2) COMFORTS
(3) ASSISTS
(4) TAMPERS WITH EVIDENCE
(5) ACTIVELY SUPPRESSES EVIDENCE

Question 15

What are the 3 intents for ACCESSORY:

Answer 15

(1) AVOID arrest
(2) Escape AFTER arrest
(3) or avoid CONVICTION

Question 16

R v Mane
(ReMANE = After)

Answer 16

To be considered an Accessory THE ACTS DONE MUST BE AFTER the completion of the offence.

Question 17

Generally Define: Receives, Comforts and Assists.

Answer 17

Assisted the offender to evade justice by one means or another.

Question 18

Define RECEIVING:

Answer 18

Hiding or sheltering

Done with the purpose of helping to escape justice.

Question 19

Define COMFORTS:

Answer 19

Provisions. E.g. Giving food and supplies.

Done with the purpose of helping to escape justice.

Question 20

Define ASSISTING:

Answer 20

Very broad scope:
Includes providing aid like transport or acting as a lookout. Deliberately providing authorities with false information. Giving advice or information to the offender.

Done with the purpose of helping the offender to escape justice.

Question 21

Is remaining SILENT considered ACTIVELY SUPPRESSING evidence?

Answer 21

No.

Question 22

Define TAMPERS with evidence?

Answer 22

To ALTER the evidence.

E.g. Modifyimg the offenders telephone records to conceal damning communications

Question 23

When actively suppressing evidence by destroying it, is it necessary that the thing destroyed would be evidence if it were not be destroyed?

Answer 23

No. It only needs to be potential evidence. In other words, it could be evidence if not destroyed.

Question 24

Is it possible to be convicted of ATTEMPTING to be an ACCESSORY after the fact?

Answer 24

Yes. E.g attempting to dispose of a weapon used in the commission of a crime.

Question 25

Must the ACCESSORY have DIRECTLY helped the offender?

Answer 25

No. Person B drives Person A away from the scene. But Person C helps person B by refueling his vehicle. Person C indirectly helps Person A escape justice, and is liable as an ACCESSORY after the fact.

Question 26

If an INNOCENT AGENT is employed by an ACCESSORY After the Fact, who is liable for the actions of that agent?

Answer 26

The ACCESSORY.

Question 27

Is mere knowledge that an act is LIKELY to assist an offender, enough to satisfy INTENT to enable the offender to escape/avoid arrest, or avoid conviction?

Answer 27

No. The intent to cause one of these outcomes needs to be present. Even if it is secondary to another intent such as concealing evidence against one’s self.

Question 28

Even though the PRINCIPAL may have pleaded GUILTY to the offence and been CONVICTED, the ACCESSORY is still entitled to what?

What case law applies to this?

Answer 28

R v Mane created a rule that the ACCESSORY is entitled:
(1) To insist on PROOF that the alleged offence was COMMITTED
(2) To CHALLENGE that proof.

Question 29

Can an ACCESSORY still be CONVICTED if the principal is (or could be) ACQUITTED?

Answer 29

Yes. Because it just needs to be proved that the offence was committed. The lack of conviction or acquittal of the offender is irrelevant, unless it is INCONSISTENT with the conviction of the accessory.

Question 30

What was found in R v Levy

Answer 30

Levy was convicted of being an accessory after the fact to counterfeiting currency. Levy had removed equipment after it had been used by the offender in the counterfeiting process and after the offender’s arrest and the recovery of the moulds used in the counterfeiting.

It was found the Levey had done a deliberate act in relation to the evidence against the offender for the purpose of assisting that offender to evade justice.

Question 31

What was found in R v Gibbs in relation to Accessory after the Fact:

Answer 31

Gibbs helped the escapee evade justice by supplying him provisions.