Evolution Of The Offence - Accessory After The Fact Flashcards
Liability (not in exam)
- Accessory after the fact
- Knowing any person to have been a party to the offence,
- Receives, comforts, or assists that person OR
- Tampers with or actively suppresses any evidence against him or her, in order to enable him or her to escape after arrest OR
- To avoid arrest or conviction.
Does the offence need to be complete in order to be an accessory?
Yes.
R v Mane
To be considered an accessory the acts done by the person must be after the completion of the offence.
Relates to: Accessory after the fact
R v Crooks
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.
Relates to: Knowledge
What is ‘party to’?
- Person gaining assistance must be a party to the offence (primary or secondary offender).
- The offence must be complete for someone to be an accessory otherwise they are a party/conspirator.
What is the actus reus of accessory?
The accessory must do a deliberate intentional act with the purpose of assisting the person to evade justice (escape after arrest, avoid arrest or avoid conviction).
The intention acts are:
- Receives (bring in/hide)
- Comforts (food and water)
- Assists (provide transport or supplies/sell/lie)
- Tampers with evidence (alters evidence against offender)
- Actively suppresses evidence (alters evidence against offender)
What happens if an innocent agent is employed by the accessory?
The actions of the innocent agent with be held to be the actions of the accessory, not that of the innocent agents.
What is the accessory’s intent?
The intent held by the accessory when performing the act that assists the offender to:
- Escape after arrest
- Avoid arrest
- Avoid conviction
Mere knowledge that an act is likely to assist an offender is insufficient in itself.
