Accessory after the Fact

Question 1

accessory after the fact

Answer 1

knowing any person to have been a party to the offence

recieves
comforts
assists

that person

or tampers with or actively suppresses any evidence against him

in order to enable him to escape after arrest or to avoid conviction

Question 2

R v Crook

Answer 2

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 3

Knowledge (what & when)

Answer 3

• an offence has been committed

and

• the person they are assisting was a party to that offence

Question 4

Wilful Blindness
(R v Briggs)

Answer 4

As with a recieving charge under s246(1), knowledge may also be inferred from wilful blindness or deliberate abstention from making inquiries that would confirm the suspected truth

Question 5

R v Mane - Offence must be complete

Answer 5

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

Question 6

Recieving or comforting

Answer 6

• harbouring or offering shelter
• provides food/clothing

Question 7

Assisting

Answer 7

providing transport, act as a look out, provide authorities with false information.

give advice in