Accessory After the Fact Flashcards
Definition of tampers
To alter the evidence against the offender
What case law relates to the wilful blindness of an accessory?
R v Briggs
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.
What knowledge must the accessory have at the time of offering assistance?
That an offence has been committed and the person they are assisting was a party to that offence.
What is actively suppressing evidence?
Encompasses acts of concealing or destroying evidence against the offender
What needs to be proved for an accessory after the fact?
- That the person received, comforted or assisted is a party to an offence that has been committed
- That, at the time of receiving, comforting or assisting the accessory was aware that the person was a party to an offence
- That the accessory received, comforted or assisted that person or tampered with or actively supressed any evidence against that person
- That at the time of the receiving, comforting, assisting etc the persons intention was to enable that person to escape after arrest or avoid arrest or conviction
Where an accessory is charged what can they insist on>
Are entitled to insist on proof that the alleged offence was committed and to challenge the proof.
Even if the principal offender pleads guilty to the offence the accessory can still challenge the proof.
What case law relates to when an accessory must assist the party?
R v Mane
To be considered an accessory, the acts done by the person must be after the completion of the offence.
What are the two situations where a person is considered to be wilfully blind?
-Where the person deliberately shuts their eyes and fails to enquire because they knew what the answer would be
or
-In situations where the means of knowledge are easily at hand and the person realises the likely truth of the matter but refrains from inquiring in order to know
At what stage of the offence can one become an accessory?
The offence must be completed. If it is before this time then they may be a party to the offence.
What are the intentional acts of an accessory?
- receives
- comforts
- assists
- tampers with evidence
- actively supresses evidence
What case law relates to knowledge that a person was involved in an offence?
R v Crooks
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
What must the acts of assisting to evade justice need to be seen as to constitute being an accessory?
They must have helped the other person in some way to evade justice.
Does the assistance need to be direct?
No
What actions that constitute tampering/suppressing evidence and what does not?
Constitute:
- deliberate concealing of evidence
- providing false information
Doesn’t constitute:
- silence or non-disclosure
- failing to report an offence to the authorities
Is mere knowledge that an act is likely to assist a person sufficient?
No. Even if the intent is not the dominant reason it must still be present
