Accessory after the Fact 2

Question 1

Definition of Offence/Crime

Answer 1

S2 CA61

Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories within s6, Criminal Procedures Act 2011.

Question 2

R v Mane

To be considered…

(offence must be complete)

Answer 2

R v Mane

To be considered an accessory

the acts done by the person must be after the completion of the offence.

Question 3

Receives, Comforts or Assists Examples

Answer 3

Receives
Harbouring an offender or offering them shelter can be considered receiving and/or comforting, eg hiding a prison escapee in a basement.

Comforts
Comforting encompasses situations where an accessory provides an offender with things such as food and clothing.

Assists
Providing transport, acting as a look out, identifying someone willing to purchase stolen property as a receiver and deliberately providing authorities with false information as to an offender’s whereabouts. Giving advice, information, material or services to the offender is also captured.

Question 4

Tampers with or actively suppresses evidence

Definition and Example

Answer 4

Tampers - alter the evidence

Example:
Modifying an offender’s telephone records to conceal communications that might implicate them.

Actively suppressing evidence - concealing or destroying evidence

Example:
Bloodied clothing is washed repeatedly to remove evidence or it is set alight to destroy the clothing.

Question 5

Prosecution

Proof of principal offence

Of note only

Answer 5

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

This rule also applies to situations where the offender has pleaded guilty to the principal offence. Despite such a plea and/or a conviction having been entered, the principal offence committed must still be proved where required.

Question 6

Prosecution

Acquittal of offender

Of note only

Answer 6

A person can still be convicted as an accessory after the fact despite the offender having been, or where they may be, acquitted of the offence, unless the accessory’s conviction is inconsistent with the acquittal of the original offender.

Question 7

R v Gibbs

The act done…

Answer 7

R v Gibbs

The act done by the accessory must have helped

the other person in some way to avoid justice

Question 8

Wilful Blindness

And when is a person considered wilfully blind

Answer 8

A person is considered wilfully blind in only two situations, these being:
• where the person deliberately shuts their eyes and fails to inquire; 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 inquiring in order not to know.