Accessory after the fact

Question 1

Section and elements of Accessory After the Fact (Liability)

Answer 1

Section 71(1) Crimes Act 1961

Elements:
- Anyone
- Knowing any person to have been a party to the offence
- Receives OR 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

List all case law for accessory after the fact (Liability)

Answer 2

• R v Crooks
• R v Briggs
• R v Mane

Question 3

Define the element “any person” for accessory after the fact (Liability)

Answer 3

This is any person other than the defendant. Proven by JN and CE.

Question 4

Can a spouse be an accessory after the fact for offences pre the Crimes Amendments Act 2019? (Must know)

Answer 4

No, as the limitation still applies to offences prior to this. After this a spous would be liable.

Question 5

Definition of offence for Accessory After the Fact (Liability)

Answer 5

Any act or omission that is punishable upon conviction under any enactment

Question 6

What stage must an offence be in for someone to be considered an accessory after the fact?

Answer 6

The offence must be complete. If not completed the person assisting would be a party to the offence.

Question 7

Define R v Crooks (Liability)

Answer 7

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 is insufficent.

Question 8

What are the two aspects of knowledge required for Accessory After the Fact? (Must know)

Answer 8

• An offence has been committed, and
• The person they are assisting was a party to that offence

Question 9

What is R v Briggs? (Liability)

Answer 9

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

Question 10

Discuss wilful blindness as it relates to accessory after the fact (Liability)

Answer 10

Wilful blindness should not simply be invoked because the person should have inquired into the facts. They must deliberate shut their eyes and fail to enquire because they knew what the answer would be.

Question 11

What is the actus reus of Accessory After the Fact? Does this need to be deliberate? (Must know)

Answer 11

• Receives
• comforts
• assists
• tampers with evidence
• actively suppresses evidence

The acts must be deliberate intentional acts.

Question 12

What is R v Mane? (Liability)

Answer 12

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

Question 13

Define receives, comforts or assists and give examples (Liability)

Answer 13

Receives, comforts or assists express a general view that the accessory assisted the offender(s) to evade justice.

Receiving could include harbouring and offender or offering them shelter.

Comforting includes providing food or clothing.

Assist covers a significant number of situations including providing transport, acting as a look out etc.

Question 14

How does tampers with or actively suppresses evidence compare to Receives, comforts or assists.

Answer 14

tampers with or actively suppresses are more explicit in that they show a requirement for some form of active conduct in respect of EVIDENCE.

Question 15

Define tampers with evidence and give an example (Liability)

Answer 15

To alter the evidence against the offender.

E.g. Modifying an offender’s telephone records to conceal communications

Question 16

Define actively suppresses evidence and give an example (Liability)

Answer 16

Concealing or destroying evidence against an offender.

E.g. Bloodied clothing it washed repetitively or burnt to destroy it.

Question 17

Can someone be charged with attempting to be an accessory?

Answer 17

Yes

Question 18

Can a person indirectly provide assistance for an Accessory after the fact offence?

Answer 18

Yes

Question 19

Can an innocent agent be liable if employed by an accessory? (Must know)

Answer 19

No. An innocent agents actions will be held to be those of the accessory.

Question 20

What are the three intents, one of which a defendant must have, to be an accessory after the fact?

Answer 20

• to escape after arrest
• to avoid arrest
• to avoid conviction

Question 21

Does a principal offender need to be proceeded against for a secondary party, accessory after the fact or receiver of stolen or dishonest property to be charged?

Answer 21

No

Question 22

Does a principal offender and a secondary party, accessory after the fact or receiver of stolen or dishonest property need to be charged jointly?

Answer 22

No. They may be proceeded against alone or jointly

Question 23

Can multiple people be charged with receiving the same property?

Answer 23

Yes.

Question 23

Can an accessory after the fact challenge proof the original offence was committed?

Answer 23

Yes, including situations where the principal offender has pleaded guilty to the principal offence.

Question 24

Can a accessory be convicted despite the principal offender being acquitted? (Must know)

Answer 24

Yes, unless the accessory conviction is inconsistent with the acquittal.