Accessory After the Fact

Question 1

Accessory after the Fact

Crimes Act 1961

Answer 1

Section 71(1)

• 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

Penalty

Section 312, Crimes Act 1961

Answer 2

where there is no express provision made by this Act or by some other enactment.

• not exceeding 7 years if maximum punishment for that offence is life imprisonment
• not exceeding 5 year if max punishment for the offence is 10years or more
• In any other case is liable to not more than half the max punishment

Question 3

Offence

Answer 3

Any act or Omission that is punishable on conviction under any enactment, and are demarcated into four categories within s6, Criminal Procedures Act 2011

Question 4

Knowing that person to have been a party to an offence

Case Law

Answer 4

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

Wilful blindness - Case Law

Answer 5

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

Question 6

Knowledge exist at the time

Answer 6

At the time assistance is given, the 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

Question 7

Two situations considered wilfully blind. . .

Answer 7

1. Where the person deliberately shuts their eyes and fails to inquire; this is because they know what the answer would be
2. In situations where the means of knowledge are easily at hand and the person realises the likely truth of the matter but refrains from inquiring in order not to know

Question 8

Actus Reus of an Accessory after the fact

Answer 8

The accessory must do a deliberate intentional act, with the purpose of assisting the person to evade justice in one of the three ways in s71(1)

Question 9

Intentional Acts (for the accessory)

Answer 9

• Receives
• Comforts
• Assists
• Tampers with evidence
• actively suppresses evidence

Question 10

Offence must be complete - Case Law

Answer 10

R v Mane

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

Question 11

Receiving or Comforting

Answer 11

Harbouring an offender or offering them shelter can be considered receiving or comforting.
Comforting encompasses situations where an accessory provides an offender with things such as food and clothing

Question 12

Assisting

Answer 12

To assist covers a significant number of situations. In all it will assist with the offender avoiding justice

Question 13

To evade justice - Case Law

Answer 13

R v Gibbs

highlights the act or acts done by the accessory must have helped the other person in some way to evade justice

Question 14

Tampers with or actively suppresses evidence

Answer 14

These two elements (acts) are more explicit as they require active conduct in respect of the evidence. Whereas silence or non-disclosure such as failing to report an offence to the authorities will not attract liability

Question 15

Tampers with evidence

Answer 15

Means to alter the evidence against the offender

Question 16

Actively suppresses evidence

Answer 16

encompasses acts of concealing or destroying evidence against an offender

Question 17

Actively suppresses evidence - Case Law

Answer 17

R v Levy
It was held that Levy had done a deliberate act in relation to the evidence against the offender for the purpose of assisting that offender to evade justice

Question 18

Test for tampers or suppress

Answer 18

(Reddy) The appropriate test was whether what was tampered with or suppressed ‘could be ‘ evidence

Question 19

Indirect assistance

Answer 19

There is no requirement that the offender (person A) is directly assisted by the accessory (person B)

Question 20

An accessory’s Intent

Answer 20

Intent held by accessory when performing the act that assists must be to enable the offender to

• escape after arrest
• avoid arrest
• avoid conviction

Question 21

Charging an accessory

Section 137 Criminal Procedures Act 2011

Answer 21

In summary, a charging document may be laid whether or not any party to the principal crimes is charged, convicted or otherwise amenable to justice. An accessory may be charged alone or jointly along with any party to the principal crime

Question 22

Prove principal offence

Answer 22

When charged as an accessory after the fact, the alleged principal offence committed must still be proved where required.