Accessory After The Fact Flashcards
What is the section and penalty for accessory after the fact?
Section 71(1) CA61
Penalty (s312)
7 years (for life imprisonment offences)
5 years ( for offences imprison able by 10 years)
1/2 penalty ( if offence is less than 10 years
Elements
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 help him or her to escape after arrest OR
To avoid arrest or conviction.
What needs to be proved in relation to the elements?
- that the person (PA), who is received, comforted or assisted by the accessory (PB) is a party (principal or secondary) to an offence that has been committed
- that, at the time of receiving, comforting or assisting that person (PA) the accessory (PB) knows that person (PA) was a party to the offence.
- that the accessory (PB) received , comforted or assisted that person (PA) or tampered with or actively suppressed any evidence against that person (PA)
- that, at the time of receiving, comforting or assisting, the accessory’s (PB) purpose was to enable that person (P) to escape after arrest or to avoid arrest or conviction.
Any person meaning
- normal meaning/ neutral meaning
Any other person
Offence must be complete
- the offence must be complete in order to be an accessory- if involved before or during - party it conspirator
Knowledge defined
- “knowing” means “knowing or correctly believing” the belief missy be a correct one, where the belief is wrong a person cannot know something
R v CROOKS - Knowledge
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.
Knowledge must exist at the time assistance given.
at time of assistance given, what must an accessory possess knowledge of?
- An offence has been committed, AND
- The person they are assisting was a party (principal or secondary) to that offence.
Wilful blindness
R v BRIGGS
As with a receiving charge under s246(1), knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquires that would confirm the suspected truth.
In what two situations would a person be considered wilfully blind?
- where the person deliberately shuts their eyes and fails to enquire, this is because they knew what the answer would be, or
- in situations where the means of knowledge are easily at hand and the person realises the likely truth of the matter but refrains from enquiring in order not to know.
While the accessory must do a deliberate intentional act with the purpose of assisting the person to evade justice in one of the three ways in:
S7(1)
- escape after arrest
- avoid arrest
- avoid conviction
They must possess the knowledge
What are the intentional acts?
- receives
- comforts
- assists
- tampers with evidence
- actively suppresses evidence
R v MANE
Offence must be complete
To be considered an accessory the acts done by the person must be after the completion of the offence.
Receives, comforts or assists
- Receives, comforts or assists are traditional common law terms and in general are not interpreted by the courts in there literal sense - accessory - assisted offender to evade justice by one means or another
Receiving or comforts
- harbouring, offer shelter
Assisting
- transport
- lookout
- giving advice, info, material
Tampers with or actively suppresses evidence
- Tampers means to alter evidence against offender
- actively suppressing evidence encompasses acts of concealing or destroying evidence against offender
Attempting to be an accessory
Is it possible to be convicted of attempting to be an accessory after the fact?
Yes , R b DH charged and convicted of attempting to be an accessory after the fact to murder - unsuccessful disposal of fatal robbery weapon.
Indirect assistance
- Person A commits offence. Person C directly assists, person B assists person C. B still accessory after the fact
Innocent agent
- innocent agents actions will be told to be the actions of the accessory.
An accessories intent
What intent must be held by the accessory when performing the act that assists the offender?
Must be to enable the offender to either:
- escape after arrest
- avoid arrest
- avoid conviction
Prosecution
Charging an accessory
Proceedings against parties to offences, accessories and receivers
(1) this section applies to every person charged-
(a) as a party to an offence (not being the person who actually commits the offence: or
(b) with being an accessory after the fact to any offence ; or
(c) with receiving property knowing it to have been stolen or dishonestly obtained.
(2)Every person whom ss(1) applies may be prosecuted against and convicted for eh offence whether or not he principal offender or any other party to the offence or the person by whom the property was obtained has been proceeded against or convicted.
(3) Every person to whom ss(1) applies may be proceeded against and convicted -
(a) alone as for substantive offence; or
(b) Jointly with the principal or other offender or person by whom the property was stolen or dishonestly obtained
(4) of any property has been stolen or dishonestly obtained, any number of receiver’s at different times of that property, or of any part or parts of it may be charged with substantive offence, and may be tried together.
Proof of criminal offence
- an accessory after the fact is entitled to insist in proof that the alleged offence was committed and to challenge that proof.
This rule applies also to situations where the offender has pleaded guilty to the principal offences. Despite such a plea and/or a conviction having been entered, the principal offences committed must be proved where required
Acquittal of offender
- A person can still be convicted as an accessory after the fact dispute the offender having been, or where they may be, acquitted of the offence k, unless the accessory’s conviction in in consistent with the acquittal of the original offender
