4. Accessory After The Fact

Question 1

Accessory after the fact
Section 71(1), Crimes Act 1961

Answer 1

knowing any person to have been a party to the offence,

receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him,

in order to enable him to escape after arrest or to avoid arrest or conviction.

NOTE: The offence must be complete in order to be an accessory.

Question 2

Elements to prove the offence

Answer 2

• (person A), who is received, comforted or assisted by the accessory (person B) is a party to an offence
that has been committed.

• That, at the time of receiving, comforting or assisting that person (person A), the accessory (person B) knows (person A) was a party to the offence.
• That the accessory (person B) received, comforted or assisted (person A) or tampered with or actively suppressed any evidence against (person A).
• That, at the time of the receiving, comforting or assisting etc, the accessory’s (person B) purpose was to enable (person A) to escape after arrest or to avoid arrest or conviction.

Question 3

Define Knowing using R v Crooks

Answer 3

Knowledge means actual knowledge or belief in the sense of having no real doubt that the person assisted was a party to the relevant offence.

Mere suspicion of their involvement in the offence is insufficient.

Question 4

At the time of the assistance being given, an accessory must possess the knowledge that?

Answer 4

• an offence has been committed, and

* the person they are assisting was a party (principal or secondary) to that offence

Question 5

Define Wilful Blindness using R v Briggs

Answer 5

knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.

Person can only be WB in 2 situations:
-Deliberately shuts their eyes and fails to inquire
-Means of knowledge are easily at hand,
person realises the likely truth but refrains from inquiring in order not to know.

Question 6

Outline the 5 Intentional Acts of AATF

Answer 6

• receives
• comforts
• assists
• tampers with evidence
• actively suppresses evidence

Question 7

R v Mane - completed offence

Answer 7

To be considered an accessory the acts done by the person must be after the completion of the offence.

Question 8

Define
Receives,
comforts or
assists

Answer 8

Harbouring an offender or offering them shelter can be considered receiving and/or comforting.

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

Assisting covers a significant number of situations, providing transport, look out, providing fake info to police, giving advice, info, material services, etc.

Question 9

Define
Tampers with or
Actively suppresses evidence

Answer 9

Tampers means to alter the evidence against the offender.

Actively suppressing evidence encompasses acts of concealing or destroying evidence against an offender.

Question 10

Explain Indirect assistance

Explain Innocent Agent

Answer 10

There is no requirement that the offender (person A) is directly assisted by the accessory (person B). B could assist C who is assisting A

Where an innocent agent is employed by the accessory, the actions of the innocent agent will be held to be the actions of the accessory.

Question 11

An accessory’s intent must be one of the three contained within the statute;

Answer 11

• escape after arrest
• avoid arrest
• avoid conviction.

Mere knowledge that an act is likely to assist an offender is insufficient in itself.

Question 12

Charging an accessory

137, Criminal Procedure Act 2011

Answer 12

A charging document may be laid whether or not any party to the principal crimes is charged, convicted or otherwise amenable to justice. An accessory may be charged alone or jointly along with any party to the principal crime.