Accessory after the fact

Question 1

Section 71(1), Crimes Act 1961

Answer 1

Accessory after the fact

Question 2

‘Accessory after the fact’ elements

Answer 2

1. Knowing any person to be a party to an offence
2. Receives, comforts, or assists that person OR Tampers with or actively suppresses any evidence against him or her
3. In order to enable him or her to escape after arrest OR to avoid arrest or conviction

Question 3

‘Accessory after the fact’ penalty

Answer 3

<10 years - 1/2 penalty
10 years or more - 5 years
Life imprisonment - maximum 7 years

Question 4

‘Knowing’ definition

Answer 4

The accused must have knowledge that the person that they are being an accessory to was party to an offence at the time of assisting them.

Simester and Brookbanks
“Knowing” means “knowing, or correctly believing” … the belief must be a correct one, where the belief is wrong a person cannot know something.

Question 5

‘Knowing’ Case law

Answer 5

R v Crooks
Knowledge means actual knowledge or belief in the sense of having no doubt that the person assisted was party to the relevant offence.

R v Briggs
Knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.

Question 6

‘Person’ definition

Answer 6

Gender neutral. Proven by judicial notice or circumstantially.

Question 7

‘Party’ definition

Answer 7

Section 66(1), Crimes Act 1961
Defined as being anyone who:
- commits the offence;
- does or omits an act for the purpose of aiding any person to commit the offence;
- abets any person in the commission of the offence;
- incites, counsels, or procures any person to commit the offence

Question 8

‘Offence’ definition

Answer 8

Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories.

Question 9

‘Accessory after the fact’ and challenges to evidence

Answer 9

A person charged with being an accessory after the fact is entitled to insist on proof of the principal crime and to challenge the evidence of it even if the principal offender has pleaded guilty.

Question 10

‘Receives, comforts, or assists’ definition

Answer 10

The accused does a deliberate act for the purpose of assisting the person to evade justice. The act done must actually help the person in some way.

Question 11

‘Tampers with, actively suppresses evidence’ definition

Answer 11

Must do a deliberate act in relation to evidence against the offender for the purpose of assisting the person to evade justice. The act must actually help the person.

Question 12

‘In order to enable him/her to escape after arrest’ Case Law (timeline)

Answer 12

R v Mane
To be considered an accessory the acts done by the person must be after the completion of the offence.

Question 13

‘In order to enable him/her to escape after arrest’ definition (timeline)

Answer 13

The act must have specifically assisted the offender after they had been arrested.

Question 14

‘To avoid arrest or conviction’ definition

Answer 14

All acts must be done by accused with the express intention that the person evades justice either by avoiding arrest or conviction.