Accessory After the Fact Flashcards
1
Q
What section is AATF and Penalty?
A
Section 71(1) Crimes Act - 1961. Penalty: Under 10 - 1/2 penalty Over 10 - 5 years Life - 7 years max
2
Q
List the Ingredients to AAATF
A
.1
Knowing any person to be party to any offence
.2
Receives, comforts or assists that person
OR
Tampers with or actively suppresses any evidence against him
.3
In order to help him escape after arrest
OR
To avoid his arrest or conviction.
3
Q
What must the crown prove to obtain a conviction for AATF
A
- That person A committed an offence and person B comforted or assisted person A.
- That person B knew at that time that Person A had committed an offence
- That person B comforted, assisted that person, or
- Tampered or actively suppressed evidence against Person A
- That person B’s purpose was to enable person A to avoid arrest or conviction
4
Q
Can a wife be an accessory?
A
No she is bound to assist.
5
Q
Can a person still be convicted as an accessory if the offender has been acquitted?
A
yes