Accessory after the Fact to Murder
The offence of accessory after the fact to murder is outlined in section 240 of the Criminal Code.
A person commits the offence of accessory after the fact to murder when they receive, comfort, or otherwise help someone escape liability for murder, knowing that this person has committed murder.
Examples
Person A drives person B to the airport, knowing that person B will be catching a flight out of the country because person B has murdered someone.
Person C helps person D hide the weapon person D used to murder person E.
Person F helps person G throw the body of Person H, who person G just murdered, into a dumpster.
Cases
R v. Matheson, 2015 NSSC 42
In R v. Matheson, the accused was convicted of one count of accessory after the fact to murder when he drove his friend to a lake so his friend could dispose of a hockey bag containing the body of a woman that this friend had murdered earlier that day.
R. v. Camponi, 1993 CanLII 1163 (BC CA)
In R. v. Camponi, the accused was convicted of one count of accessory after the fact to murder when she cleaned and disposed of the weapons used by her boyfriend to murder the manager of the motel they were staying at.
Offence Specific Defence(s)
No Knowledge of the Murder
Where the person does not know that the murderer has committed murder and they inadvertently help the murderer escape liability, they have not completed the offence of accessory after the fact to murder.
For example, if person A washes a knife while doing the dishes that evening, not knowing that person B just used that knife to murder person C, person A may not have completed the offence of accessory after the fact to murder.
No Help Provided
Where the person does not do anything to help the murderer escape liability but is aware that the murderer has murdered someone, they may not have completed the offence of accessory after the fact to murder.
For example, if person A tells person B that they have murdered person C and asks person B for help escaping liability, but person B refuses to help person A, person B has not completed the offence of accessory after the fact to murder.
More Legal Information
In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.
Criminal procedure is the process by which an accused person is arrested and brought through the justice system.
Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.
