Accessory After the Fact

Question 1

1) What are the intentional acts, or actus rea, of accessory?

Answer 1

• Receives
• Comforts
• Assists
• Tampers with evidence
• Actively supresses evidence

Question 2

2) What needs to be proved for accessory after the fact? (ingredients)

Answer 2

• That the person who is received, comforted or assisted by the accessory is a party to an offence that has been committed
• That at the time of receiving, comforting or assisting that person, the accessory knew that person was a party to the offence
• That the accessory received, comforted, or assisted that person or tampered with or actively suppressed any evidence against that person
• That at the time of receiving, comforting or assisting etc, the accessory’s purpose was to enable that person to escape after arrest or to avoid arrest or conviction.

Question 3

3) Spouse/civil union partner exceptions – MC

Answer 3

• Under S71(2), you cannot be charged with being an accessory after the fact to your spouse (legally married), or your spouse and another party (this when they work in concert). This is the same for those in a civil union, but not a de facto relationship. REPEALED

Question 4

7) Matt committed crime, goes to girlfriend and tells her, she receives him and hides him from Police, her liability?

Answer 4

• Accessory after the fact

Question 5

8) Guy kills someone, lies to flatmate and asks her to get rid of clothes, she throws away, next day he comes clean and tell her the truth?

Answer 5

• Cannot charge AATF or party

Question 6

9) Caesar and Joseph get home after an armed robbery and an Italian restaurant. They tell their flatmate, Smokey, that they have robbed the restaurant and stolen copious amounts of meatballs and dry spaghetti. Caesar and Joseph leave shortly afterwards to battle an ancient vampire. Shortly afterwards, the police turn up at the address and ask Smokey about the robbery. Smokey says that he doesn’t know anything about the robbery and that Joseph and Caesar do not live at the address, then tells the police officers to leave. Is Smokey liable?

Answer 6

• No offence

Question 7

15) What was held in R v Crooks in relation to knowledge

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 of their involvement in the offence is insufficient.

Question 8

16) What was held in R v Briggs in relation to wilful blindness

Answer 8

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

Question 9

17) What was held in R v Mane in relation to completion of the offence?

Answer 9

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