Accessory after the fact (ingredients and case law) Flashcards
Accessory after the fact
Receives - harbour or shelter
comforts - feed and clothe
Assist - active assist e.g lookout
Tamper with - alters evidence
Suppresses - conceals/destroys
with the intent - to assist the offender in escape after arrest/avoid arrest/avoid conviction
R v Mane
principal offence must be completed at the time of Accessory after the fact.
Innocent agent
Unaware of the significance of their actions and cannot be charged.
R v Crooks
Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was party to the relevant offence. Mere suspicion of their involvement in the offence is insufficient.
R v Briggs
As with a receiving charge, knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.