Attempts and Accessories After the Fact (Sentencing Cases)

This page was last substantively updated or reviewed January 2015. (Rev. # 97875)

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Offence Wording

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Attempts, accessories

463. Except where otherwise expressly provided by law, the following provisions apply in respect of persons who attempt to commit or are accessories after the fact to the commission of offences:

(a) every one who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which, on conviction, an accused is liable to be sentenced to imprisonment for life is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years;

(b) every one who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which, on conviction, an accused is liable to imprisonment for fourteen years or less is guilty of an indictable offence and liable to imprisonment for a term that is one-half of the longest term to which a person who is guilty of that offence is liable;

(c) every one who attempts to commit or is an accessory after the fact to the commission of an offence punishable on summary conviction is guilty of an offence punishable on summary conviction; and

(d) every one who attempts to commit or is an accessory after the fact to the commission of an offence for which the offender may be prosecuted by indictment or for which he is punishable on summary conviction

(i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding a term that is one-half of the longest term to which a person who is guilty of that offence is liable, or

(ii) is guilty of an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 463; R.S., 1985, c. 27 (1st Supp.), s. 59; 1998, c. 35, s. 120.

– CCC (CanLII), (DOJ)

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Murder

Accessory after fact to murder

240. Every one who is an accessory after the fact to murder is guilty of an indictable offence and liable to imprisonment for life.
R.S., c. C-34, s. 223.

– CCC (CanLII), (DOJ)

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Sentences

Case Name	Prv.	Crt.	Sentence	Summary
R v Hynes, 2014 NSSC 119 (CanLII), per Edwards J	NS	SC	3 years imprisonment	Offender helped principle roll up body into a carpet. Offender fearful due to principal's reputation for violence. Find summaries of case.
R v Gwyn, 2009 ABPC 212 (CanLII), per Fradsham J	AB	PC	6 years imprisonment	"involved a guilty plea by a 21‑year‑old aboriginal offender with an extensive criminal record, including convictions for violent offences, beginning when he was 15. He had a troubled childhood and previously received counselling for alcoholism and anger management. He had also spent more than two years in pre-sentence custody. ...The circumstances were that after a night of drinking, one of his associates had beaten another associate to death. The offender helped remove the body, put it in a suitcase, drove around town with it while in company of the murderer, and then put it in a dumpster. The murderer then set the dumpster on fire....The sentencing judge concluded that a sentence of six years would have been appropriate, and after applying the appropriate credit imposed a further period of custody of 20 months." [1] Offender assisted in disposing of body, thought of idea to burn it. Find summaries of case.
R v Steadman, 2008 BCSC 1613 (CanLII), (2008) BCJ 2284, per Barrow J	BC	SC	4 years imprisonment	offender helped dismember body and dispose of evidence Find summaries of case.
R v Gowen, 2011 NSSC 259 (CanLII), per Hood J	NS	SC	3 years imprisonment	Offender assisted principle in creating alibi for homicide. Offender plead guilty early on. Find summaries of case.
R v G, 2006 NSPC 58 (CanLII), per MacDougall J	NS	PC	2 years less a day CSO (accessory x 2)	Record:Impaired; drug poss'n; driving while disqual. Orders: firearms prohibition; DNA Find summaries of case.
R v Tutin, 2004 NWTSC 20(*no CanLII links)	NWT	SC	3.5 years imprisonment	Offender assisted in disposing and moving body
R v Dow, 2003 NSSC 82 (CanLII), per Wright J	NS	SC		Find summaries of case.
R v Nolan, 2001 BCCA 354 (CanLII), per Ryan JA	BC	CA		Find summaries of case.
R v Campbell, 2001 CanLII 25674 (NS SC), [2001] NSJ No 410, per Gruchy J	NS	SC	3 years imprisonment (JR)	Offender assisted in cleaning up the body and blood. Find summaries of case.
R v Lowe, 1998 CanLII 5350 (BC SC), , 1998 CarsellBC 2575, per Preston J	BC	SC	1 year CSO	Offender helped put body in barrel under threats. The offender was 54 years old at the time and retired. Find summaries of case.
R v Beam, (1994) OJ 1359 (Gen. Div.)(*no CanLII links)	ON		15 months imprisonment	Offender assisted in cleaning up location of murder and move body
R v Wisdom, 1992 CarswellOnt 1757 (Gen.Div.)(*no CanLII links)			5 years imprisonment	Offender hired the killer to get money from the victim. Offender orchestrated disposal of body.
R v Kuzniak, (1989) 60 Man. R. (2d) 270 (MBCA)(*no CanLII links)	MB	CA
R v Drew, (1989) 7 WCB (2d) 394 (NSSC)(*no CanLII links)	NS	SC
R v Murdoch, (1988) 5 WCB (2d) 341(*no CanLII links)
R v Ropchan, 1986 CarswellYukon 54, 1 YR 225(*no CanLII links)	YK		3 months imprisonment	The offender witnessed murder, helped get rid of evidence and then refused to cooperate with police as a witness. He feared for his life. No prior record.