4. Accessory After the Fact

Question 1

What is the section and elements for Accessory After the Fact?

Answer 1

Section 71(1) (Offence) Crimes Act 1961

1 - Person who Knows
2 - Any Person to have been a party to offence
3 - Receives, Comforts or Assists that person OR
- Tampers with OR actively suppresses any evidence
against him
4 - In ORDER to enable him to escape after arrest or to
AVOID arrest or CONVICTION

Section 71(2) CA61

Spouse or married partner is not liable for accessory in which they have assisted that person or any other person who is a party.

Question 2

What is the penalty for Accessory?

Answer 2

Section 312

• Life equals 7 years
• 10 plus years is equals 5 years

Question 3

What does section 137 of the Criminal Proceeding Act cover in relation to Parties, Accessory and Receiving?

Answer 3

Section 137 CP Act 137 outlines,

• Any person charged with those offences can be charged or convicted without any proceeding against principal offender.
• Any of the parties can be charged or convicted alone
• Property stolen or obtained the receivers of that property at any given time can be charged with substantive offences or may be tried together.

Question 4

What did the Court find in R v Mane which relates to the proof that is required for an accessory after the fact?

Answer 4

It agreed that the defendant is entitled to insist on the proof of the alleged offence committed and to challenge that proof.

This also extends to situations when the defendant has pleaded guilty to the principal offence. So regards of being conviction the offence still needs to be proved.

Question 5

Can an accessory still be convicted if the principal offender is acquitted?

Answer 5

Yes, unless the accessory’s conviction is INCONSISTENT with the acquittal of the original offender.

Example - acquitted offender’s interview is ruled out given no evidence however offender’s interview is accepted in the accessory matter in conviction can be recorded.

Question 6

What are the things that an accessory does to be liable?

Answer 6

• Receives
• Comforts
• Assists
• Tampers with Evidence
• Actively suppresses evidence

in order to ESCAPE after arrest or AVOID ARREST OR CONVICTION