Accessory After the Fact CIB 006

Question 1

R v Crooks

Answer 1

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.

Question 2

R v Briggs

Answer 2

knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries 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 after the completion of the offence.

Question 4

Knowing

Answer 4

Knowledge means knowing or correctly believing. A person can believe something that is false but cannot know something that is wrong.

At the time of the assistance being given an accessory must possess the knowledge that:

• an offence has been committed
• the person they are assisting was a party (principal or secondary) to that offence

Question 5

Wlful blindness

Answer 5

A person is considered wilfully blind in only two situations:

• where the person deliberately shuts their eyes and fails to inquire; this is because they knew what the answer would be
• in situations where the means of knowledge are easily at hand and the person realises the likely truth of the matter but refrains from inquiring in order not to know

Question 6

Party - S661 CA61

Answer 6

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 commision of the offence or
(d) incites, counsels or procures any person to commit the offence

Question 7

Offence S2 CA61

Answer 7

An act or omission that is punishable on conviction under any enactment and are demarcated into 4 categories

Question 8

Proof of the principal offence

Answer 8

An accessory after the fact is entitled to insist on proof that the alleged offence was committed and to challenge that proof.

Question 9

Receives, comforts, assists

Answer 9

Defined by traditional common law meanings.

Harbouring an offender or offering shelter can be considered receiving / comforting

Comforting encompasses situations where an accessory provides an offender food and clothing

Assists covers many situations including providing transport, acting a loot out, giving information etc

Question 10

Tampers with evidecne

Answer 10

To alter the evidence against the offender

Question 11

Actively suppresses evidence

Answer 11

Concealing or destroying evidence against an offender

Question 12

Completion of offence

Answer 12

For a person to be an accessory the offence must be complete at the time of the criminal involvement. One cannot be convicted of being an accessory after the fact to homicide when the actus reus of the alleged criminal conduct is wholly completed before the offence of homicide is complete.