Accessory after the Fact Flashcards
When does a person become an accessory?
The accessory must possess the knowledge that an offence has been committed and the person they are assisting was a party (Principal or secondary) to that offence.
What must you prove?
- The person receiving, comforting or assisting (RCA) by the accessory, is a party (Principal or secondary) to an offence that has been committed.
- At the time of RCA that person, the accessory knows that person was a party to an offence.
- That the accessory RCA that person or actively suppressed any evidence against that person.
- That, at the time of the RCA, the accessory’s purpose was to enable that person to escape after arrest or avoid arrest or conviction.
Defence to a charge of being an Accessory after the fact
You cannot be charged with being an accessory after the fact to your spouse (legally married) or your spouse and another party. Includes civil unions but not defacto relationships or other family relationships.
Knowledge of being an accessory only comes about after assistance has been given.
What is the accessory’s required mens reus?
The intent held by the accessory must be either to enable the offender to:
- escape after arrest
- Avoid arrest
- Avoid conviction
Receiving
Harbouring an offender eg hide offender in basement
Comforting
Providing offender with things such as food and clothing
Assisting
-Providing transport
-Acting as a look out
-Deliberately providing authorities with false information to
the offenders whereabouts
-Give offender advice or services
Tampers with evidence
Alter the evidence against the offender, eg. Modifying an offenders telephone record to conceal communication that might implicate him.
Actively suppresses evidence
Concealing or destroying evidence eg. Washing bloodied clothing repetitively or burning clothing.
