ACCESSORY AFTER THE FACT 1.

Question 1

**Accessory after the fact:

Answer 1

Accessory after the fact:

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

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.

Question 2

**Elements – Accessory after the fact.

What needs to be proved

Answer 2

The elements of the offence of accessory after the fact are:

· That the person (person A), who is received, comforted or assisted by the accessory (person B) is a party (principal or secondary 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 that person (person A) was a party to the offence.

· That the accessory (person B) received, comforted or assisted that person (person A) or tampered with or actively suppressed any evidence against that person (person A).

· That, at the time of the receiving, comforting or assisting etc, the accessory’s (person B) purpose was to enable that person (person A) to escape after arrest or to avoid arrest or conviction.

Question 3

*Spouse/civil union partner exceptions

Answer 3

*Spouse/civil union partner exceptions:

Prior to the Crimes Amendment Act 2019 specific statutory limitations were imposed under s71(2).

These limitations still apply to offences committed prior to the Crimes Amendment Act 2019, however the section is no longer covered in statute post it’s repealed date.

Question 4

**R v Crooks

Answer 4

**R v Crooks

R v Crooks
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 5

**Knowledge must exist at the time assistance given.

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

Answer 5

**Knowledge must exist at the time assistance give.

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

· an offence has been committed, and
· the person they are assisting was a party (principal or secondary) to that offence -

Where this knowledge comes about after the assistance has been given they are not liable as an accessory

Question 6

Wilful blindness

R v Briggs

Answer 6

Wilful blindness

R v Briggs
As with a receiving charge under s246(1), knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.

Question 7

Offence must be complete (Accessory after the fact)

What was held in R v Mane.

Answer 7

Offence must be complete:

In R v Mane, the accused was initially charged with being an accessory after the fact to murder, in that it was alleged that he gave assistance to the parties charged with the murder of another.

The assistance alleged was given after the victim had been shot and before the victim had succumbed to his injuries.

Upon reflection the crown withdrew the charge and was granted leave to substitute a charge under s117(d) Crimes Act 1961, (wilfully attempting to pervert the course of justice).

Question 8

R v Mane

Answer 8

R v Mane

To be considered an accessory

the acts done by the person

must be after the completion of the offence.

Question 9

Receives:

Answer 9

Receives:

refers to harbouring an offender or offering them shelter,

eg. hiding an escapee in a basement.

Question 10

Comforts:

Answer 10

Comforts:

refers to providing shelter, accommodation, food, clothing or other supplies to an offender.

Question 11

Assists:

Answer 11

Assists: 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.

Question 12

Tampers with:

Answer 12

Tampers with:

Means to alter the evidence against the offender,

eg. modifying an offender’s telephone records to conceal communications that might implicate them.

Question 13

Actively suppresses:

Answer 13

Actively suppresses:
This encompasses acts of concealing or destroying evidence against an offender,

eg washing bloodied clothing repeatedly to remove evidence or destroying it.