Accessory after the fact - Case law and definitions

Question 1

R v CROOKS

Answer 1

Knowledge means actual knowledge in the sense of having no real doubt that the person assisted was a party to the relevant offence. Mere suspicion of their involvement is insufficient.

Question 2

R v BRIGGS

Answer 2

As with a receiving charge under s246(1), knowledge may also be inferred from a wilful blindness or a deliberate abstention from making enquiries that would confirm the suspected truth

Question 3

R v MANE

Answer 3

To be considered an accessory the acts done by the person must be done after the completion of the offence.

Question 4

R v LEVY

Answer 4

It was held that LEVY had done a deliberate act in relation to the evidence against the offender for the purpose of assisting that offender to evade justice

(LEVY was convicted of AATF to counterfeiting currency. He removed equipment after it had been used by the offender in the counterfeiting process and after the offenders arrest)

Question 5

Knowing

Answer 5

Simester and Brookbanks
Knowing means knowing or correctly believing…. the belief must be a correct one, where the belief is wrong a person cannot know something.

Question 6

Party to offences sec 66(1) CA61

Answer 6

Sec 66 Parties to offences

1) Everyone is a party to and guilty of an offence who -
a) actually commits the offence; OR
b) does or omits an act for the purpose of aiding any person to commit the offence; OR
c) abets any person in the commission of the offence; OR
d) Incites, counsels, procures any person in the commission of the offence

Question 7

R v MANE (proof of actual assistance)

Answer 7

the court agreed that an accessory after the fact is entitled to insist on proof of the principal offence and to challenge the evidence of it, even if the principal offender has already plead guilty

Question 8

Offence s2 CA61

Answer 8

Any act or omission punishable on conviction under any enactment and demarcated into 4 categories

Question 9

Intentional acts of AATF

Answer 9

• receives
• comforts
• assists
• tampers with evidence
• actively suppresses evidence

Question 10

Receiving/Comforting

Answer 10

Receiving: Harbouring an offender or offering them shelf can be considered receiving and/or comforting, e.g.: hiding a prison escapee in a basement

Question 11

Comforting

Answer 11

Comforting encompasses situations where an accessory provides an offence with things such as food and clothing

Question 12

Assists

Answer 12

To assist includes a significant number of actions, including providing transport, acting as a lookout, identifying someone who will purchase stolen property

Question 13

Tampers with evidence

Answer 13

Tampers means to alter the evidence against the offender

Question 14

Actively suppresses

Answer 14

Actively suppressing evidence encompasses acts of concealing or destroying evidence against an offender