Accessory After The Fact

Question 1

Accessory After The Fact
(Liability)

Answer 1

S71
-The person who is received, comforted or assisted by the accessory is a party to an offence that has been committed
- At the time of the receiving, comforting or assisting, the accessory knew the person was party to an offence
- The accessory received, comforted or assisted that person or tampered with or actively suppressed any evidence against that person
- At the time of receiving, comforting or assisting, the accessories purpose was to enable that person to escape after arrest or to avoid arrest or conviction

Question 2

R v Crooks

Answer 2

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. Mere suspicion of their involvement in the offence is insufficient

Question 3

R v Briggs

Answer 3

As with receiving under 246(1), knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquiries that would confirm the suspected truth

Question 4

R v Mane

Answer 4

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

Question 5

R v Gibbs

Answer 5

Act done by accessory must have helped the other person escape justice

Question 6

Accessories Intent

Answer 6

Escape after arrest
Avoid arrest
Avoid conviction

Question 7

Accessories Actus Reus

Answer 7

Intentionally
Receives
Comforts
Assists
Tampers with evidence, or
Actively suppresses evidence

Question 8

S137

Answer 8

(1)section applies to person charged…
(a) As party to an offence (b) accessory after fact (c) with receiving stolen property
(2) Every person under (1) may be convicted whether principal or other party has been proceeded against/convicted
(3) Persons under (1) may be
(a) Charged alone (b) jointly charged
(4) If property stolen or dishonestly obtained, any receiver at different times may be charged, and Kay be tried together

Question 9

Penalty - accessory

Answer 9

S312 CA
If no express provision made, liable for 7yrs if max penalty of offence is life, not exceedingly 5 yrs if penalty for offence 10+ years and half of max for other offences

Question 10

Proof of principal offence.
(Accessory)

Answer 10

An accessory after the fact is entitled to insist on proof that the alleged offence was committed and to challenge that proof