New Zealand Law/Criminal/Accessories after the fact

Statutory Provisions

Knowing any person to have been a party to an offence:

(a) receives

(b) comforts

(c) assists

(d) tampers with evidence; or

(e) actively suppresses evidence

in order to enable that person to:

(i) escape arrest

(ii) avoid conviction; or

(iii) avoid arrest.

Cases

R v Mane

• Held

1. A cannot be convicted as an accessory to murder when A’s act was wholly performed before the actus reus of murder was completed by V’s death. (A’s conduct could amount to some other offence eg. aiding)

2. If A is charged as an accessory to a homicide by P, it is sufficient if A knew that P was party to “culpable homcide”, which is a necessary ingredient of manslaughter and murder.

3. Although P pleads guilty to murder, the accessory may be convicted of manslaughter where evidence does not support murder.

19. R v Thomson

• Held

Where the charge is actively suppressing evidence, the evidence need not prove P’s guilt directly or conclusively. Evidence can be part of assortment of facts that in combination lead to the conclusion that P was guilty.