Accessory after the Fact II

Question 1

What needs to be proved

Answer 1

1. That the person (person A), who is received, comforted or assisted by the accessory (person B) is a party (principal or secondary party) to an offence that has been committed.
2. That, at the time of receiving, comforting or assisting that person (person A), the accessory (person B) knows that person (person A) was a party to the offence.
3. That the accessory (person B) received, comforted or assisted that person (person A) or tampered with or actively suppressed any evidence against that person (person A).
4. That, at the time of the receiving, comforting or assisting etc, the accessory’s (person B) purpose was to enable that person (person A) to escape after arrest or to avoid arrest or conviction.
   Association

Question 2

Receives example

Answer 2

Harbouring an offender or offering them shelter can be considered receiving and/or comforting, eg hiding a prison escapee in a basement.

Question 3

Comforts example

Answer 3

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

Question 4

Assists example

Answer 4

Providing transport, acting as a look out, identifying someone willing to purchase stolen property as a receiver and deliberately providing authorities with false information as to an offender’s whereabouts. Giving advice, information, material or services to the offender is also captured.

Question 5

An accessory’s intent

Answer 5

The intent held by the accessory when performing the act that assists the offender must be one of the three contained within the statute; to enable the offender to:

1. Escape after arrest
2. Avoid arrest
3. Avoid conviction.

Mere knowledge that an act is likely to assist an offender is insufficient in itself.

Question 6

Under what circumstances can you charge someone as being an accessory after the fact when they have received goods dishonestly obtained?

Answer 6

Where the receiving of those goods was done with a view to helping the offender and enabling them to evade justice.

It is generally accepted that receivers purchase stolen property for their own financial gain, not to assist the principal offender. Where the contrary is proved then an accessory charge is appropriate.

Question 7

Knowledge

Answer 7

Knowing” means “knowing, or correctly believing” … the belief must be a correct one, where the belief is wrong a person cannot know something:

Question 8

Prosecution

Acquittal of offender

Of note only

Answer 8

A person can still be convicted as an accessory after the fact despite the offender having been, or where they may be, acquitted of the offence, unless the accessory’s conviction is inconsistent with the acquittal of the original offender.