Short Answer Accessory After the Fact

Question 1

Offence must be complete…

Answer 1

The offence must be complete in order to be an accessory. Where the person is involved before or during the commission of the offence you should
consider whether they are a party to the offence or a conspirator.

Question 2

What knowledge must exist at the time assistance given

Answer 2

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

Question 3

Two situations where a person is consider to wilfully blind

Answer 3

· where the person deliberately shuts their eyes and fails to inquire; this is because they knew what the answer would be, or
· 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 4

Actus Reus - 5 intentional acts

Answer 4

The intentional acts are:
· receives
· comforts
· assists
· tampers with evidence
· actively suppresses evidence

Question 5

Offence must be complete…

Answer 5

In R v Mane, the accused was initially charged with being an accessory after the fact to murder, in that it was alleged that he gave assistance to the parties charged with the murder of another. The assistance alleged was given after the victim had been shot and before the victim had succumbed to his injuries. Upon reflection the crown withdrew the charge and was granted leave to substitute a charge under s117(d) Crimes Act 1961, (wilfully attempting to pervert the course of justice).

R v Mane relates

Question 6

Tampering with and actively suppressing evidence

Answer 6

Tampers means to alter the evidence against the offender.

Example:
Modifying an offender’s telephone records to conceal communications that might implicate them.

Actively suppressing evidence encompasses acts of concealing or destroying evidence against an offender.

Example:
Bloodied clothing is washed repeatedly to remove evidence or it is set alight to destroy the clothing.

Question 7

Is there a requirement that they offer the person direct assistance?

Answer 7

No.

Question 8

Innocent agent

Answer 8

Where an innocent agent is employed by the accessory, the actions of the innocent agent will be held to be the actions of the accessory.

Question 9

3 intents to be an accessory

Answer 9

to enable the offender to:
· escape after arrest
· avoid arrest
· avoid conviction.