Accessory After The Fact

Question 1

What is accessory after the fact?

Answer 1

Is a person who assists the offender, or destroys or tampers with evidence, in order to help the offender to avoid arrest, or to escape after arrest.

Question 2

Case law - Accessory after the fact

Answer 2

R v Crooks, R v Briggs, R v Mane, R v Gibbs, R v Levy

Question 3

Accessory after the fact - Legislation

Answer 3

71(1) Crimes Act 1961
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 4

Penalty section - Accessory after the fact

Answer 4

312 Crimes Act 1961
Everyone is liable to 7 years if maximum is life, 5 for 10years maximum, and half for any other offence.

Question 5

Elements- Accessory after the fact

Answer 5

• That the person (A) who is received, comforted, or assisted by the accessory (B) is a party (principal or secondary) to an offence that has been committed, AND
• That, at the time of receiving, comforting, or assisting that person (A), the accessory (B) knows that person (A) was a party to that offence, AND,
• That the accessory (B) received, comforted or assisted that person (A) or tampered with or actively suppressed any evidence against that person (A), AND,
• That, at the time of the receiving, comforting or assisting etc, the accessories (B) purpose was to enable that person (A) to escape after arrest or to avoid arrest or conviction.

Question 6

Any person

Answer 6

Proved by judicial notice and accepted by circumstantial evidence.

Question 7

Offence

Answer 7

Described as an act or omission that is punishable on conviction under any enactment.

Question 8

In order for someone to be an accessory, what has to be complete?

Answer 8

An offence

Question 9

Define, knowing. - Accessory

Answer 9

Knowing or correctly believing.

Question 10

Caselaw - Knowing a person to be a party - Accessory

Answer 10

R v Crooks

Question 11

Accessory - At the time the assistance is given, an accessory must possess the knowledge that…

Answer 11

• An offence has been committed, AND
• The person they are assisting was a party (principal or secondary) to that offence.

If knowledge comes about after assistance, they are not liable.

Question 12

Accessory - Wilful blindness Case Law

Answer 12

R v Briggs

Question 13

A person is considered wilfully blind in two circumstances…

Answer 13

• Where the person deliberately shifts their eyes and fails to inquire, knowing what the answer would be, or,
• In situations where the means of knowledge are easily at hand and the person realises the likely truth of the matter but refrain from inquiring in order not to know.

Question 14

Actus Reus of Accessory after the fact.

Answer 14

The accessory must do a deliberate intentional act, one or more,
- receives
- comforts
- assists
- tampers with evidence
- actively suppresses evidence

Question 15

What is also needed in addition to Actus Reus for accessory?

Answer 15

Actus Reus, AND,
Must have the purpose of assisting the person to evade justice in one of three ways - avoid arrest, escape after arrest, or avoid conviction, AND,
Must also possess the knowledge.

Question 16

Accessory - Offence must be complete, Caselaw

Answer 16

R v Mane

Question 17

Accessory - Receiving or comforting

Answer 17

Harboring an offender or offering them shelter can be considered receiving and/or comforting.
Eg. Hiding the person inside.
Comforting also encompasses providing food and clothing.

Question 18

Accessory - Assisting

Answer 18

Covers a significant number of situations.
Providing transport, acting as a lookout, providing false info to authorities as to their whereabouts, giving advice or materials, and services.

Question 19

To evade justice - Accessory Caselaw

Answer 19

The act or acts done by the accessory must have helped the other person in some way to evade justice. R v Gibbs

Question 20

Accessory - Tampers with or actively suppresses evidence.

Answer 20

Show a requirement for some form of active conduct in respect of the evidence.
Tampers - To alter the evidence.
Actively suppresses - Acts of concealing or destroying evidence.

Silence and non-disclosure - no liability.

Question 21

Accessory - Actively suppress evidence Caselaw

Answer 21

R v Levy

Question 22

Accessory - Actively suppressing evidence.
Is it necessary to prove the destroyed evidence would, in fact, have been evidence if not destroyed?

Answer 22

No, appropriate test is whether it could have been evidence.

Question 23

Accessory - Is it possible to be convicted of attempted accessory after the fact?

Answer 23

Yes

Question 24

Accessory - Is there a requirement that the offender is directly assisted by the accessory?

Answer 24

No. Person B can assist person C, person C can then assist person A, who is actually committing the offence.

Question 25

Accessory - Innocent agents

Answer 25

Is someone who is unaware of the significance of their actions. Cannot be charged as an accessory. They are simply the mechanism.
Their actions, however, when employed by the accessory, will be held to be the actions of the accessory.

Question 26

An accessories intent.

Answer 26

The intent of the accessory, when doing the act to assist, must be one of three that enables the offender to:
Escape after arrest, avoid arrest, or avoid conviction.

Mere knowledge that the act is likely to assist is insufficient in itself.

Question 27

Proceedings against parties, accessories, and receivers.
137 Criminal Proceedings Act 2011

Answer 27

137 Criminal Proceedings Act 2011
(1) This applies to everyone charged
(a) as a party, or
(b) as an accessory, or
(c) as a receiver

(2) If subsection (1) applies, may be proceeded against and convicted whether or not the principal offender has been proceeded against or convicted.

(3) If subsection (1) applies, may be proceeded against and convicted,
(a) alone, or
(b) jointly with the principal or other offender.

(4) If any other receivers are identified, they can be charged at any time.

Question 28

Proof of principal offence - Accessory

Answer 28

Accessory after the fact is entitled to insist on proof that the alleged offence was committed and to challenge that.

Question 29

Can a person be convicted of accessory after the fact despite the offender being acquitted?

Answer 29

Yes, unless it is inconsistent with the acquitted of the original offender.