Accessory liability

Question 1

Accessory after the fact

Section and 4 elements and penalty

Answer 1

S71
7 years (for life imprisonment offences)

5 years (for offences imprisonable by 10years+ )

1/2 penalty (of the offence if less than 10 years)

• Anyone (the accessory)
• Knowing another person to have been a party to an offence
• Receives, comforts, or assists that person OR - Tampers with or actively suppresses any evidence against him or her
• in order to enable him to avoid arrest, escape or avoid conviction

Question 2

Anyone (the accessory)

Answer 2

The defendant (JN CE) … must have actus reus and mens reus (intent to Receive …C, A, T A S) and intent to get specific outcome help avoid arrest, escape from arrest or avoid conviction.

Question 3

Knowing another person to have been a party to an offence

Answer 3

Knowledge must exist at time of assistance - must know offence has been committed and the person they are assisting was a party to that offence.

Knowing - Simester and brookbanks - the belief must be a correct one, where the belief is wrong a person cannot know something.

R v Crooks - Knowledge means actual knowledge or belief, having no real doubt that the person assisted was a party to the offence. Suspicion is insufficient.

R v Briggs - Wilful blindness
Knowledge may be inferred (like receiving) from willful blindness or deliberate abstention from making enquiries that would confirm the suspected truth.

A person is considered wilfully blind if:
The person deliberately shuts their eyes and fails to inquire this is because they knew what the answer would be or
In situation 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 not to know

R v Mane – Offence must be complete - to be considered an accessory the acts done by the person must be after the completing of the offence.

Question 4

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

Answer 4

Intention of the accessory to do this…avoid arrest, escape or avoid conviction …

Intent – R v Collister
Intent may be inferred by
- Offenders actions and words before, during and after the event
- The surrounding circumstances and the nature of the act itself

Question 4

Receives, comforts, or assists that person OR - Tampers with or actively suppresses any evidence against him or her

Answer 4

Receives - harbouring an offender or offering them shelter can be considered receiving

Comforting - situations where an accessory provides an offender with things such as food and clothing

Assist - covers number of situations, providing transport, acting as a look out, ID someone willing to purchase stolen property, giving authorities false info, giving advice information, material or services.

Tampers with or actively suppresses evidence - washing clothes, burning evidence, cover up by false statement.