Accessory after the fact

Question 1

what are the elements for “accessory after the fact”

Answer 1

• receives
• comforts
• assists
• tampers with evidence
• actively suppresses evidence

Question 2

can you be charged with being an accessory after the fact to your spouse (legally married), or someone you’re in a civil union with?

Answer 2

no but you can if its just a de facto relationship

Question 3

R v Mane on accessory after the fact

Answer 3

to be considered an accessory the acts done by the person must be after the completion of the offence

Question 4

R v Crooks on knowledge of the offence

Answer 4

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

Question 5

R v Briggs on knowledge

Answer 5

knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm suspected truth

Question 6

what does it mean to tamper with or actively suppress evidence

Answer 6

• conceal evidence or provide false information to Police in respect of it
• to alter evidence

Question 7

what is the intent of the accessory

Answer 7

to enable offender to:

• escape after arrest
• avoid arrest
• avoid conviction