Accessory Flashcards
(24 cards)
What are the five pieces of case law relating to accessory after the fact
R v Crooks - knowing
R v Briggs - wilful blindness
R v Mane - completed offence
R v Gibbs - evade justice
R v Levy - actively supress evidence
what is an accessory after the fact under s71 CA61
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
in order to enable him to escape after arrest or avoid to avoid arrest or conviction
what is the penalty for accessory after the fact
except for specific offences
7 years for life imprisonment offences
5 years for 10+ year offences
half max for under 10 offences
what needs to be proved for accessory after the fact
that the person who has been comforted, assisted, received is party to an offence
that the comforter, receiver, assister knew at the timer the person was a party to an offence
that the accessory comforted, received or assisted the party to OR actively supressed any evidence against that person
that at the time of the comforting, receiving or assisting, the accessory’s purpose was to enable person to escape arrest OR avoid arrest OR conviction.
what must be completed to be an accessory after the fact
the offence must be complete
explain knowing and belief
the belief must be a correct one, if belief is wrong then they cannot know something
explain knowing with case law
R v Crooks
knowledge means actual knowledge or belief in no real doubt that the person was a party to the offence. Mere suspicion is insufficient.
when must knowledge exist in regards to an accessory
at the time of the assistance
what must the accessory have knowledge of
an offence was committed and the person they are assisting was a principal or secondary party to it
is a person liable if they gain knowledge after assisting of the offence and party
no
explain wilful blindness using case law
R v Briggs
knowledge may be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirmed the suspected truth
what are the 5 intentional acts (actus reus) of accessory after the fact
receives
comforts
assists
tampers with evidence
actively supresses evidence
explain completed offence with case law
R v Mane
to be considered an accessory the acts done must be after the completion of the offence
must be proof of the substantive offence being committed.
what is receiving
harbouring an offender, offering shelter
what is comforting
providing an offender with items such as food or clothing
what is assisting
broad range - transport, advice, false information to law enforcement, materials
explain evade justice with case law
R v Gibbs
acts done must have helped the other person in some way evade justice
what is tampers
alter evidence against the defendant
what is actively supress evidence using case law
R v Levy
concealing or destroying evidence against an offender to assist them in evading justice
is it possible to be charged with attempting to be an accessory
yes
is there a requirement for the assistance to be direct
no you can indirectly assist an offender evade justice
explain innocent agent in regards to an accessory
the actions of the innocent agent will be held against the accessory
what are the three required intents of an accessory (only one required)
escape after arrest
avoid arrest
avoid conviction
can an accessory be found guilty if the principal offender is acquitted
yes, unless the accessory’s conviction is inconsistent with the principals acquittal
