Accessory After the Fact Flashcards
Actus Reus of Accessory after the facts
- The accessory must do a deliberate intentional act (receives, comforts, assists, tampers with evidece, actively supresses evidence.
- With the purpose of assisting the other person to evade justice by either escaping after arrest or to avoid arrest or conviction
Example of receiving
Harbouring an offender or offering them shelter.
Example of comforting
Situations where an accessory provided an offender with things such as food and clothing.
Example of assisting
Providing transport, acting as a look out, deliberatley providing authorities with false information as to an offenders whereabouts
Example of tampers with evidence
To alter the evidence against the offender
Example of actively suppresses evidence
Acts on actively concealing or destroying evidence against the offender
R v Crooks
Actual knowledge or beleif. Having no real doubt that the person assisted was a party to the offence. Mere suspicion of their involvement is insufficient.
R v Briggs
As with receiving, knowledge may be inferred from wilful blindness or deliberate abstention from making inquiries that would confirm the suspected truth.
R v Mane
To be considered an accessory the acts done must be after the completion of the offence.
R v Gibbs (Familiarise)
GIBBS highlights the act or acts done by the accessory must have helped the other person in some way to evade justice. GIBBS and a prison escapee were together in hiding and GIBBS regualry sought food for the pair. The court determined that the escapee was being helped by GIBBS due GIBBS supplying provisions, despite an arguemtn that they were for GIBBS’ own benefit. GIBBS was convicted as accessory after the fact to escapes custody.
R v Levy (Familiarise)
LEVY removed equipment after it had been used by the offender in the counterfeiting process and after the offenders arrest and the recovery of moulds used in the counterfieting.
It was held that LEVY had done a deliberate act in relation to the evidence against the offender for the purpose of assisting that offender to evade justice. LEVY was convicted of being an accessory after the fact to counterfeiting currency.
When interviewing an accessory what knowledge must you prove. (S/A)
- An offence has been committed
- The person they are assisting was a party (Principle or secondary)
- Knowledge must be at the time assistance was given
General meaning of Receives / Comforts / Assists
The accused does a deliberate act for the purpose of assisting the person to evade the justice system. The act done must actually help the person in some way.
General meaning of Tampers with / Actively supresses
Must do 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.
