4. Accessory After the Fact - Prosecution

Question 1

Outline S137(1) CA61?

Answer 1

(1) This section applies to every person charged—
(a) as a party to an offence (not being the person who actually committed it); or
(b) with being an accessory after the fact to any offence; or
(c) with receiving property knowing it to have been stolen or dishonestly obtained.

Question 2

Outline S137(2) CA61?

Answer 2

(2) Every person to whom subsection (1) applies may be proceeded against and
convicted for the offence whether or not the principal offender or any other party to
the offence or the person by whom the property was obtained has been proceeded
against or convicted

Question 3

Outline S137(3) CA61?

Answer 3

(3) Every person to whom subsection (1) applies may be proceeded against and
convicted—
(a) alone as for a substantive offence; or
(b) jointly with the principal or other offender or person by whom the property was stolen or dishonestly obtained.

Question 4

Outline S137(4) CA61?

Answer 4

(4) If any property has been stolen or dishonestly obtained, any number of receivers at
different times of that property, or of any part or parts of it, may be charged with substantive offences, and may be tried together.

Question 5

What was found in R v Mane?

Answer 5

In R v Mane32 the Court agreed found that that an accessory after the fact is entitled to insist on proof that the alleged offence was committed and to challenge that proof.

Question 6

Can a person be convicted of been an accessory where the principle has been acquitted?

Answer 6

A person can still be convicted as an accessory after the fact despite the offender having been, or where they may be, acquitted of the offence, unless the accessory’s conviction is inconsistent with the acquittal of the original offender.

Question 6

What is a conviction of an accessory with the acquittal of principle reliant on?

Answer 6

This will be reliant on the state of the evidence and an analysis in order to determine whether differing verdicts are warranted by differing evidence against the accessory and the offender. For example an offender confesses to committing an offence, but that confession is ruled inadmissible and results in an acquittal, in the case of his accessory, the confession being ruled is admissible in the proceedings against the accessory and thus a conviction against the accessory is recorded.