Accessory after the fact - Case law and definitions Flashcards
R v CROOKS
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.
R v BRIGGS
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
R v MANE
To be considered an accessory the acts done by the person must be done after the completion of the offence.
R v LEVY
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)
Knowing
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.
Party to offences sec 66(1) CA61
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
R v MANE (proof of actual assistance)
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
Offence s2 CA61
Any act or omission punishable on conviction under any enactment and demarcated into 4 categories
Intentional acts of AATF
- receives
- comforts
- assists
- tampers with evidence
- actively suppresses evidence
Receiving/Comforting
Receiving: Harbouring an offender or offering them shelf can be considered receiving and/or comforting, e.g.: hiding a prison escapee in a basement
Comforting
Comforting encompasses situations where an accessory provides an offence with things such as food and clothing
Assists
To assist includes a significant number of actions, including providing transport, acting as a lookout, identifying someone who will purchase stolen property
Tampers with evidence
Tampers means to alter the evidence against the offender
Actively suppresses
Actively suppressing evidence encompasses acts of concealing or destroying evidence against an offender