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Flashcards in ACCESSORY AFTER THE FACT Deck (8)
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1

WHAT IS ACCESSORY AFTER THE FACT

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

2

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

True or false

True

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

True

4

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

Case law

R v Mane

5

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

Case law

R v Crooks

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

R v Briggs

7

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

Receives
Comforts
Assists
Tampers with evidence
Actively suppresses evidence

8

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

When performing the act they intended to assist the offender
- escape after arrest
- avoid arrest
- avoid conviction