Accessory After The Fact

Question 1

Accessory After The Fact

Answer 1

Crimes Act 1961
Section 71

(1) An accessory after the fact to an offence is one who, knowing any person to have been 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

Answer 2

Crimes Act 1961
Section 312

Everyone who is accessory after the fact to any imprisonable offence, being an offence in respect of which no express provision is made by this Act or by some other enactment for the punishment of an accessory after the fact, is liable to imprisonment for a term not exceeding 7 years if the maximum punishment for that offence is imprisonment for life, and not exceeding 5 years if such maximum punishment is imprisonment for 10 or more years; and in any other case is liable to not more than half the maximum punishment to which he would have been liable if he had committed the offence.

Question 3

R v Crooks

Answer 3

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

Offence must be complete

Answer 4

The offence must be complete in order to be an accessory. Where the person is involved before or during the commission of the offence you should consider whether they are a party to the offence or a conspirator.

Question 5

R v Briggs

Answer 5

As with a receiving charge under section 246(1), knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.

Question 6

R v Mane

Answer 6

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

Question 7

Knowledge

Answer 7

At the time of the assistance being given, an 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.

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

Question 8

Actus reus of accessory after the fact

Answer 8

The accessory must, have knowledge the person was party to an offence, do a deliberate intentional act, as below, with the purpose of assisting the person avoid arrest, escape after arrest or avoid conviction:

Receives
Comforts
Assists
Tampers with evidence
Actively suppresses evidence

Question 9

Mens rea of accessory after the fact

Answer 9

The accessory must intend to assist the party to the offence to do the following:

Avoid arrest.
Escape arrest.
Avoid conviction.