Canadian Criminal Law/Offences/Accessory After the Fact

Proof of the offence
To prove the offence, the crown should establish the following in addition to the essential elements of time, location and identity:
 * 1) the accused knew a crime had been committed
 * 2) the accused intended to aid the principal
 * 3) the accused did an act that enabled the principle to escape (arrest, trial, punishment)

Interpretation
An accessory to an offence is not the same as a party to an offence. It is a separate offence that is committed subsequent to the initial offence.

The accused must know that that the person they are assisting was a principle or party to an offence, and the assistance must be for the purpose of enabling the person to escape. It is not sufficient that the accused merely do an act that enables the escape.

It is not necessary for the principle or party to the main offence be charged or convicted for it for an accused to be convicted as an accessory. But if the principle or party is acquitted, then the accused cannot be convicted. However, R v S(FJ), [1998] 1 SCR 88 seems to go so far to say that the words "Whether or not the principal is convicted" can include an acquittal.

The conviction of the principle is admissible to prove that the accessory committed the offence.

All evidence that has been found admissible for the principle will be admissible against the accessory.

See Also: R v Wisdom, 1992 OJ No. 3110 (Ont.Gen.Div.)

A person is not guilty as an accessory for refusing to provide information to authorities.

The following actions have been found to amount to the offence of accessory:
 * 1) assisting the principle by giving him information or aid.
 * 2) hiding the principal offender
 * 3) concealing evidence
 * 4) giving false information to authorities including participating in a fake alibi

Sentences

 * R v Nolan 2001 BCCA 354
 * R v Kuzniak, 1989 60 Man. R. (2d) 270 (MBCA)
 * R v Dow, 2003 NSSC 82
 * R v Drew, (1989) 7 WCB (2d) 394 (NSSC)
 * R v Murdoch, (1988) 5 WCB (2d) 341