Accessory After the Fact Flashcards
What is the required intent for a person to become an accessory after the fact?
The intent held by the accessory when performing the act that assists the offender must be one of the three contained within the statute; to enable the offender to:
- escape after arrest
- avoid arrest
- avoid conviction.
Mere knowledge that an act is likely to assist an offender is insufficient in itself.
The intent need not be the dominant reason, but it must nevertheless be present, ie where an accessory conceals evidence that would diminish their own chances of apprehension as an accessory as well as them having the intent that it would diminish the chances of the offender being caught.
What is the actus reus required for a person to become an accessory after the fact?
The accessory must do a deliberate intentional act (one of the five mentioned below), with the purpose of assisting the person to evade justice. The intentional acts are: • receives • comforts • assists • tampers with evidence • actively suppresses evidence.
How would the prosecution prove a defendant to be an accessory after the fact?
The ingredients of the offence of accessory after the fact are:
• That the person (person A), who is received, comforted or assisted by the accessory (person B) is a party (principal or secondary party) to an offence that has been committed.
• That, at the time of receiving, comforting or assisting that person (person A), the accessory (person B) knows that person (person A) was a party to the offence.
• That the accessory (person B) received, comforted or assisted that person (person A) or tampered with or actively suppressed any evidence against that person (person A).
• That, at the time of the receiving, comforting or assisting etc, the accessory’s (person B) purpose was to enable that person (person A) to escape after arrest or to avoid arrest or conviction.
What are the available defences to a charge of Accessory After the Fact?
- Spouse of a party to the offence.
What is the definition of “accessory after the fact” and where in legislation is it found?
S71 (1)
An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him, in order to enable him to escape after arrest or to avoid arrest or conviction.
What are the provisions of S71(2) CA9161
No married person whose spouse or civil union partner has been a party to an offence shall become an accessory after the fact to that offence by doing any act to which this section applies in order to enable the spouse or civil union partner or the spouse or civil union partner and any other person who has been a party to the offence, to escape after arrest or to avoid arrest or conviction.
What is the penalty for being an accessory after the fact, and where in legislation is it found?
Every one who is accessory after the fact to any imprisonable offence, being an offence in respect of which no express provision is made by this Act or by some other enactment for the punishment of an accessory after the fact, is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence is imprisonment for life, and not exceeding 5 years if such maximum punishment is imprisonment for 10 or more years; and in any other case is liable to not more than half the maximum punishment to which he would have been liable if he had committed the offence.
What does R v Crooks state regarding 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.
What does R v Briggs state regarding wilful blindness?
As with a receiving charge under s246(1), knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.
What are the two situations where a person can be considered to be wilfully blind?
- 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.
What does R v Mane state regarding completion of the offence?
(The accused was initially charged with being an accessory after the fact to murder, in that it was alleged that he gave assistance to the parties charged with the murder of another.
The assistance alleged was given after the victim had been shot and before the victim had succumbed to his injuries. Upon reflection the crown withdrew the charge and was granted leave to substitute a charge under s117(d) Crimes Act 1961, (wilfully attempting to pervert the course of justice).)
To be considered an accessory the acts done by the person must be after the completion of the offence.
What does R v Mohan state regarding intent?
Intent involves “a decision to bring about, in so far as it lies within the accused’s power, the commission of the offence …”
What does R v Waaka state regarding intent?
A “fleeting or passing thought” is not sufficient; there must be a “firm intent or a firm purpose to effect an act”.
What is required in cases of accessory after the fact regarding proof of the principal offence?
An accessory after the fact is entitled to insist on proof that the alleged offence was committed and to challenge that proof.
Can a person be convicted of being an accessory after the fact if the original offender is acquitted?
Yes - unless the accessory’s conviction is inconsistent with the acquittal of the original offender.
