Accessory after the fact Flashcards
Who can be charged with accessory after the fact?
71 (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 or her, in order to enable him or her to escape after arrest or to avoid arrest or conviction.
What is the intent required for a person to become an accessory after the fact?
The accessory must intend for the offender to
Escape after arrest
Avoid arrest
Avoid conviction
What is the Actus Reus required for a person to become and accessory after the fact?
The accessory must do a deliberate intentional act (one of the five below)with the purpose of assisting the person to evade justice Recieves Comforts Assists Tampers with evidence Actively suppresses evidence.
How do you prove if someone is an accessory after the fact?
The prosecution must probve that an offence has been committed and that the accessorys actions tok place after the offence was committed with the intention of assisting the party aided to escape after arrest,avoid arrest or avoid convistion.
What section are the penalties for accessory after the fact? and what are the penalty provisions?
S 312 CA1961
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 or she would have been liable if he or she had committed the offence
R v Gibbs
Highlights the act or acts done by the accessory must have helped the other person in some way to evade justice.
R v Levy
In removing equipment used for counterfitting currency, he had done a deliberate act in relation to the evidence against the offender for the purpose of assisting theat offender to evade justice.
