Accessory after the Fact

Question 1

Accessory after the Fact

Section, penalty, elements

Answer 1

Accessory After the Fact
Section 71(1) Crimes Act 1961
Penalty (Section 312)
7 years (for life imprisonment offences)
5 years (for offences imprisonable by 10years+ )
1/2 penalty (of the offence if less than 10 years)

Knowing any person to be a party to an offence

Receives, comforts or assists that person
or
Tampers with or actively suppresses any evidence against him or her

In order to help him or her to escape after arrest
or
to avoid arrest or conviction.

Question 2

Knowledge

Definition

Answer 2

Knowing” means “knowing, or correctly believing”

the belief must be a correct one,

where the belief is wrong a person cannot know something:

Question 3

R v Crooks

Knowledge means…

Answer 3

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 4

R v Briggs

As with a receiving…

Answer 4

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 5

What knowledge must an accessory possess

Of note only

Answer 5

At the time of the assistance given, must have knowledge that:
• an offence has been committed, and
• the person they are assisting was a party (principal or secondary) to that offence.

Question 6

Person

Answer 6

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 7

Party

Legislation

Answer 7

S66(1) CA61

(1)Everyone is party to and guilty of an offence who:

a) Actually commits the offence;
OR
b) Does or omits an act for the purpose of aiding any person to commit the offence;
OR
c) Abets any person in the commission of the offence;
OR
d) Incites, counsels or procures any person to commit the offence.