Accessory after the fact

Question 1

*S/A Elements of the offence of AAF - S71(1) Crimes Act 1961

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

What needs to be proved?

S/A

Answer 2

Just think of the elements
* Knowing the person they are assisting have been party to an offence that is committed

• At the time of Recieves, comforts or assists that person they KNOWS were party to the offence

*That the person tampered with or activitely suppressed any evidence against him/her

*AT the time of assisting them it was In order to enable him/her to escape after arrest OR to avoid arrest or conviction

Question 3

*S/A & M/C Exeptions Spouse/ civil union partner

Answer 3

Under S 71(2) you cannot be charged with being an accessory after the fact to your spouse/civil union and another party (this is when they were in concert) but not de facto relationship.

This defence does not extend to helping the other party but does not assist their spouse/civil union party as well.

Question 4

*S/A & M/C Knowing any person to have been party to an offence - Simister and Brookbanks

Answer 4

Simister and Brookbanks - knowing means knowing or correctly believing

Question 5

*S/A & M/C R V Crooks- knowledge or belief

S/A

Answer 5

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 6

*S/A Knowledge must exist at the time assistance given

S/A

Answer 6

At the time of the assistance being given, an accessory must possess the knowledge that:
1. An offence has been committed AND
2. They person they are assisting was a party to that offence.

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

Question 7

*Wilful Blindness - R V Briggs

Answer 7

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

Question 8

A person is considered wilfully blind in only two situations these being what are they?

Answer 8

1. Where the person deliberately 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 9

*S/A What are the 5 intentional acts of AATF?

Answer 9

1. Recieves
2. Comforts
3. Assists
4. Tampers withevidence
5. Actively suppreses

Question 10

** The three intents of AATF

think of what they are intending to do

Answer 10

To enable the offender to:
1. Escape after arrest
2. Avoid arrest
3. Avoid conviction

Question 11

R V Mane

Answer 11

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

Question 12

**What is an innocent agent?

Answer 12

Where an innocent agent is employed by the accessory, the innocent agent will be to the actions of the accessory

they are someone who is unaware of the significance of their actions.

Question 13

What is the actus reus of AATF?

Answer 13

The accessory must do a deliberate intentional act (receives, comforts, assists, tampers with evidence, actively suppresses evidence
With the purpose of assisting the other person to evade justice by either escaping after arrest or to avoid arrest or conviction.

Question 14

(S/A) When interviewing an accessory what knowledge must you prove?

Answer 14

An offence has been committed
The person they are assisting was a party (principal or secondary) to that offence
Knowledge must be at the time assistance given
–

Question 15

Example of receiving

Answer 15

Harboring an offender or offering them shelter.

e.g. hiding a prison escapee in the basement.

Question 16

Example of comforting

Answer 16

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

Question 17

Example of assisting means

Answer 17

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

Question 18

Example of tampers with evidence means

Answer 18

To alter the evidence against the offender.

e.g modifying an offenders telephone records to conceal communications that might implicate them.

Question 19

Example of actively suppresses evidence means

Answer 19

Acts of concealing or destroying evidence against an offender.
e.g Washing or burning bloodied clothing.

Question 20

General meaning of Receives/Comforts/Assists

Answer 20

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 21

General meaning of Tampers with/Actively suppresses

Answer 21

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 22

What is the difference between party to an offence and AAF?

Answer 22

The difference is that parties are involved in the offence before or during the commisison of offence, whereas accessory are after the offence has been committed