Accessory After the Fact Flashcards
Accessory After the Fact
Section 71(1) Crimes Act 1961
- Knowing any person to have been party to any offence.
- Receives, comforts or assists that person OR Tampers with any evidence against them OR Actively suppresses evidence against them.
- In order to enable them to escape after arrest OR Avoid arrest OR Avoid conviction.
Knowing any person to have been a party to an offence - SA
Knowing means knowing, or correctly believing… the belief must be a correct one, where the belief is wrong a person cannot know something.
Simester and Brookbanks
What was held in R v Crooks in relation to knowledge?
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.
Wilful Blindness
A person is considered wilfully blind in two situations:
- Deliberately shuts their eyes and fails to enquire as they know what the answer will be.
- Means of knowledge are easily at hand and the persons realised the likely truth and refrains from enquiring in order to know.
Wilful Blindness R v Briggs
Knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquires that would confirm the suspected truth.
Party
Everyone is a party to and guilty of an
offence who:
- Actually commits the offence
- Does or omits an act for the purpose of aiding any person to commit the offence.
- Abets any person in the commission of the offence.
- Incites, counsels or procures any person to commit the offence.
Receives
Harbouring an offender or offering them shelter can be considered receiving and/or comforting.
Comforts
Comforting encompasses situations where the accessory provides an offender with things such as food and clothing.
Tampers with
Tampers means to altar the evidence against the offender.
Actively Suppresses
Actively suppressing evidence encompasses acts of concealing or destroying evidence against an offender.
Accessory
R v Mane
To be considered an accessory the acts done by the person must be after the completion of the offence.
What are the intentional acts, or actus rea, of accessory?
- Receives
- Comforts
- Assists
- Tampers with evidence
- Actively supresses evidence
What needs to be proved for accessory after the fact? (ingredients)
- 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.
Spouse/civil union partner exceptions – MC
- 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.
Interviewing an accessory, what knowledge must an accessory possess?
- An accessory must possess the knowledge that an offence has been committed, and the person they are assisting was a party to that offence
- Where knowledge comes about after the assistance has been given, they are not liable as an accessory
What needs to be proved?
- That the person who is received comforted or assisted by the accessory, has 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 suppressed evidence against them.
- That at the time of receiving, comforting or assisting that person or tampering with or actively suppressing evidence against them, the accessory’s intent was to enable them to escape after arrest, or avoid arrest or conviction
Actus Reus and Mens Rea
Actus Reus
The act of receiving, comforting, assisting, tampering or suppressing.
Mens Rea
At the time of he acts assisting the offender, their intent must have been to enable the offender to escape after arrest, or avoid arrest or conviction.
Matt committed crime, goes to girlfriend and tells her, she receives him and hides him from Police, her liability?
Accessory after the fact
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?
Cannot charge Accessory After the Fact or Party
