AATF S 71(1) CA 1961 Def

Question 1

Elements of AATF S71(1)

Answer 1

• Knowing any person to have been party to an offence
• Recieves, comforts or assists that person OR
• tampers with or activitely suppresses any evidence against him/her
• In order to enable him/her to escape after arrest OR
• to avoid arrest or conviction

Question 2

Anyone

Answer 2

The defendant as per Judicial notice and circumstantial evidence

• Must have Mens rea and actues rea

Question 3

Knowing any person to have been party to an offence

Answer 3

Knowing - Simister and Brookbanks - the belief must be a correct one. where the belief is wrong the person cannot know something

Knowledge must exist at the time of assistance - must knw the offence was committed and the person they are assisting was party to that offence

Question 4

R V Crooks - Knowledge

Answer 4

Actual knowledge or belief. Having no real doubt that the person assisted was a party to the offence. Mere suspicion of their involvement is insufficient.

Question 5

Wilful blindness

Answer 5

A person is considered willfully blind in only two situations these being:
1. Where the person deliberatly shuts their eyes and fails to inquire, this is because they knew what the answer would be OR
2. In situations where the means of knowledge are easily at hand and the person realizes the truth of the matter but refrains from inquiring in order not to know

Question 6

R v Briggs - wilful blindness

Answer 6

Knowledge may be inferred from wilful blindness or deliberate absence from making inquiries that would confirm the suspected truth.

Question 7

R v Mane

Answer 7

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

Question 8

Receives

Answer 8

Harboring an offender or offering them shelter.

Question 9

Comforts

Answer 9

Situations where an accessory provides an offender with things such as food and clothing

Question 10

Assists

Answer 10

Covers a number of situations, Providing transport, acting as a look out, deliberately providing authorities with false information as to an offenders whereabouts.

Question 11

Tampers with or activly suppresses any evidence against him/her

Answer 11

To alter the evidence against the offender.

e.g washing clothes, burning evidence or cover up by false statement

Question 12

In order to enable him to avoid arrest, escape or conviction

Answer 12

Intention of the accessory to do this- avoid arrest, escape or conviction