Case Law Accessory After the Fact

Question 1

R v Crooks

Answer 1

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 2

R v Briggs

Answer 2

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

Question 3

R v Mane

Answer 3

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

Question 4

R v Gibbs

Answer 4

In the matter of R v Gibbs, Gibbs was convicted as an accessory after the fact to an escape made by a convicted murderer. Gibbs and the escapee were
together at a hiding place before Gibbs left to uplift supplies, before returning with them for their joint use. The Court determined that the escapee was
being helped by Gibbs due to Gibbs supplying provisions, despite an argument that they were for Gibbs’ own benefit.Gibbs highlights the act or acts done by the accessory must have helped the
other person in some way to evade justice.

Question 5

R v Levy

Answer 5

In R v Levy, Levy was convicted of being an accessory after the fact to counterfeiting currency. Levy had removed equipment after it had been used by the offender in the counterfeiting process and after the offender’s arrest and the recovery of moulds used in the counterfeiting. It was held that Levy had done a deliberate act in relation to the evidence against the offender for the purpose of assisting that offender to evade justice.