Accessory after the fact Flashcards
what are the elements for “accessory after the fact”
- receives
- comforts
- assists
- tampers with evidence
- actively suppresses evidence
can you be charged with being an accessory after the fact to your spouse (legally married), or someone you’re in a civil union with?
no but you can if its just a de facto relationship
R v Mane on accessory after the fact
to be considered an accessory the acts done by the person must be after the completion of the offence
R v Crooks on knowledge of the offence
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
R v Briggs on knowledge
knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm suspected truth
what does it mean to tamper with or actively suppress evidence
- conceal evidence or provide false information to Police in respect of it
- to alter evidence
what is the intent of the accessory
to enable offender to:
- escape after arrest
- avoid arrest
- avoid conviction