ACCESSORY AFTER THE FACT

Question 1

WHAT IS ACCESSORY AFTER THE FACT

Answer 1

Someone who knows that a person is party to an offence and receives, comforts, assists, tampers/actively suppresses evidence, to help him escape after arrest, avoid arrest, or conviction

Question 2

The offence must be complete to be able to charge someone with ACCESSORY AFTER THE FACT

True or false

Answer 2

True

Question 3

You cannot be charged with ACCESSORY AFTER THE FACT to your spouse if he or she is party to the offence be it principal or secondary party

True or false

Answer 3

True

Question 4

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

Case law

Answer 4

R v Mane

Question 5

Knowledge means actual knowledge or belief in the sense or having no real doubt their involvement in the offence is sufficient

Case law

Answer 5

R v Crooks

Question 6

As with a receiving charge, knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth

Case law

Answer 6

R v Briggs

Question 7

What are the five listed ACTUS REUS for ACCESSORY AFTER THE FACT

Answer 7

Receives
Comforts
Assists
Tampers with evidence 
Actively suppresses evidence

Question 8

What is the three listed mens rea required to charge someone with ACCESSORY AFTER THE FACT

Answer 8

When performing the act they intended to assist the offender

• escape after arrest
• avoid arrest
• avoid conviction