4. Accessory After the Fact - Progress Test 4

Question 1

What intent must be present in the mind of a person at the time of providing assistance to a
party to an offence, so as to make that person liable as an accessory after the fact?

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Answer 1

For someone to be held liable as an accessory after the fact, the intent required at the time of
providing the assistance is that such assistance will:
* enable the offender to escape after arrest, or
* enable that offender to avoid arrest or conviction.

Question 2

Briefly define the meaning of each of the following terms referred to in s71(1) of the Crimes Act 1961 as they relate to accessories after the fact:
− receives
− comforts
− assists
− tampers with
− actively suppresses

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Answer 2

The meaning of each of the following terms referred to in s71(1) of the Crimes Act 1961 as
they relate to accessories after the fact are:
* receives: Common law meaning and refers to harbouring an offender or offering them
shelter, eg hiding an escapee in a basement.
* comforts: Common law meaning and refers to providing shelter, accommodation, food,
clothing or other supplies to an offender.
* assists: Common law meaning and refers to providing transport, acting as a look out, identifying purchaser for stolen property as a receiver, deliberately providing authorities with false information as to an offender’s whereabouts, giving advice, information, material or services to the offender.
* tampers with: Means to alter the evidence against the offender, eg modifying an
offender’s telephone records to conceal communications that might implicate them.
* actively suppresses: This encompasses acts of concealing or destroying evidence against an offender, eg washing bloodied clothing repeatedly to remove evidence or destroying it.

Question 3

What is the principal difference between a party to an offence and an accessory after the fact?

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Answer 3

The principal difference between a party to an offence and an accessory after the fact is that
parties are involved in the offence before or during the commission of the offence, whereas accessories are involved after the principal offence has been committed.

Question 4

Under what circumstances can you charge someone as being an accessory after the fact when
they have received goods dishonestly obtained?

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Answer 4

The circumstances under which you can charge the receiver of dishonestly obtained goods
with being an accessory after the facts are where the receiving of those goods was done with
a view to helping the offender and enabling them to evade justice. It is generally accepted
that receivers purchase stolen property for their own financial gain, not to assist the principal
offender. Where the contrary is proved then an accessory charge is appropriate.