4. Accessory After the Fact - Summary

Question 1

What is required for a person to considered an accessory after the fact?

Point 1

Must Know

Answer 1

To be considered an accessory after the fact the person must know that the offender has committed an offence and must:
− receive
− comfort, or
− assist the offender, or
− tamper with, or
− actively suppress any evidence against the offender so as to enable the offender to:
* escape after arrest, or
* avoid arrest or conviction.

Question 2

How is an accessory’s involvment distinguished from the original offence?

Point 2

Must Know

Answer 2

Accessories after the fact are not parties to the original offence committed; they are instead involved after the commission of the principal offence and are liable where their involvement assists the offenders to evade justice.

Question 3

In relation to a prosecution, what may the accessory insist on?

Point 3

Must Know

Answer 3

An accessory after the fact may insist that the principal offence be proved, this despite any guilty plea entered or conviction recorded against the principal offender.