Accessory after the Fact

Question 1

What is A.A.T.F

Answer 1

A person who assists offender, or destroys or tampers with evidence to help offender avoid arrest or conviction or escape after arrest

Question 2

Legislation

Answer 2

s71 C.A 61
1) a.a.t.f is one who, knowing person to have been party to offence, receives, comforts or assists person or tampers with or actively suppresses evidence to avoid arrest/conviction or escape after arrest

Question 3

Penalty section

Answer 3

s312 C.A 61
Everyone who is a.a.t.f to any imprisonable offence, & offence has no express provision for punishment, is liable to a term of imprisonment not exceeding 10 years if life imprisonment offence, or not exceeding 5 years if 10+ year imprisonment offence. Any other cases penalty is no more than half max penalty of offence.

Question 4

Elements - what needs to be proved

Answer 4

• person who is received, comforted, assisted by accessory is a party to offence committed.
• at time of, accessory knows person was party to offence.
• accessory received, comforted, assisted person or tampered with/actively suppressed evidence
• at time of, accessory’s purpose was to enable person to escape after arrest, or avoid arrest or conviction

Question 5

Party

Answer 5

Any person involved in any of or all stages of preparing, attempting or actually committing offence. Includes anyone who incites, counsels another to commit

Question 6

Offence/Crime

Answer 6

Words used interchangeably & no material difference. Means any act or omission punishable on conviction under any enactment.

Question 7

Offence must be complete

Answer 7

To be accessory must occur after offence is complete.

Question 8

R v Mane

Answer 8

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

Question 9

Knowing to be a party

Answer 9

Simester and brookbanks outlines knowing to know or correctly believe. Belief must be correct, where belief is wrong someone cannot know something.

Question 10

R v Crooks

Answer 10

Knowing 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 not sufficient.

Question 11

Knowing

Answer 11

At the time of assistance, accessory must possess
- knowledge offence committed, and,
- person assisted is a party

Where knowledge comes after assistance given, not liable as an accessory

Question 12

R v Briggs

Answer 12

Knowledge may also be inferred from wilful blindness or deliberate abstention from making inquiries to confirm suspicion.

Question 13

Wilful blindness

Answer 13

Considered wilfully blind in 2 situations.
1. Deliberately shuts eyes and fails to inquire because knew what the answer would be.
2. Situations where knowledge easily at hand and person realises likely truth of the matter but refrains from inquiry to not know

Question 14

Actus reus

Answer 14

Must do deliberate act with purpose of assisting to evade justice in one of 3 ways (s71)
- escape after arrest
- avoid arrest
- avoid conviction

Intentional acts are:
Receives/comforts/assists/tampers w evidence/actively suppress evidence.

Question 15

Receiving/comforting

Answer 15

Harbouring or offering shelter, comforting encompasses situations where accessory provides offender with food and clothing etc

Question 16

Assisting

Answer 16

Covers significant number of situations:
- provide transport/act as lookout/identify willing buyer for stolen property/ deliberately supply false info

Question 17

Evade justice

Answer 17

GIBBS outlines that act/s done by accessory must have helped other person in some way to evade justice

Question 18

Tampers with

Answer 18

to alter evidence against offender - eg modify telephone records

Question 19

Actively suppress

Answer 19

Act of concealing or destroying evidence against offender - eg washing bloodied clothes or burning clothing

Question 20

Attempt to be accessory

Answer 20

Possible to be convicted of attempts to be accessory after the fact. In R v DH charged and convicted with attempted to be a.a.t.f of murder by assisting in an unsuccessful attempt to dispose of murder weapon

Question 21

Indirect assistance

Answer 21

No requirement that offender is directly assisted by accessory. Eg, person A assisted by Person B, person B assisted by person C, therefore person C indirectly assisted person A

Question 22

Innocent agent

Answer 22

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

Question 23

Accessory’s intent

Answer 23

Intent held at the time of the act must be: avoid arrest/avoid conviction/escape after arrest

Mere knowledge that likely to assist is insufficient. Intent does not need to be dominant reason but must be present.

Question 24

Prosecution - charging

Answer 24

s137 C.A 62
Proceedings against parties to/accessories/receivers
1. Applies to everyone charged as party/being accessory/receiving stolen property
2. ss(1) may be proceeded against/convicted whether or not principal offender proceeded against
3. ss(1) may be proceeded against alone for substantive offence or jointly
4. If receiver, any number of receivers at different times in respect of property may be charged

Question 25

Proof of principal offence

Answer 25

In R v Mane court held accessory is entitled to insist in proof of alleged offence committed, and applied even if principal offender plead guilty and/or convicted, must still prove where required.

Question 26

Acquittal of offender

Answer 26

Accessory can still be convicted despite offender acquitted.
(Eg principal offender statement inadmissible causing acquittal, but accessory evidence still proves offence).