Accessory After The Fact

Question 1

Elements of Accessory After The Fact

Crimes Act 1961, s71(1)

Answer 1

1. Knowing any person to have been 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 2

What must be proven in relation to an accessory after the fact?

Four elements

Answer 2

The elements of the offence of accessory after the fact are:
1. 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
2. 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
3. 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)
4. 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

“Knowing” (any person to have been party to an offence)

Simester and Brookbanks

Answer 3

“Knowing” means “knowing or correctly believing”. The belief must be a correct one. Where the belief is wrong, a person cannot know.

Question 4

R v Crooks

On knowledge (AATF)

Answer 4

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 Blindess (R v Briggs)

Answer 5

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

Question 6

Wilful blindess

Answer 6

A person is considered wilfully blind in only two situations, these being:

1. Where the person deliberately shuts their eyes and fails to enquire; 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 realises the likely truth of the matter, but refrains from enquiring in order not to know.

Question 7

The five intentional acts of AATF

Answer 7

-Receives
-Comforts
-Assists
-Tampers with evidence
-Actively suppresses evidence.

Question 8

The three intents of AATF

Answer 8

To enable the offender to:
-Escape after arrest
-Avoid arrest
-Avoid conviction