Accessory after the fact Flashcards
Act and Section
71(1) CA1961
Penalty
7yrs/5yrs/1/2offence
Ingredients
.1 Knowing a person to be a party to an offence
.2 receives,comforts or assists that person
OR. Tampers with or actively suppresses any evidence against him
.3 In order to help him escape after arrest
OR to avoid arrest or conviction.
Knowing
Must have knowledge that person they are assisting was party to an offence at the time
R v Crooks
Knowledge means actual knowledge or belief
R v Briggs
Knowledge may be inferred by wilful blindness
Party
S66(1) CA 1961
Anyone who
1 commits the offence
2 does or omits an act for the purpose of aiding any person to commit the offence
3 abets any person in the commission of the offence
4 incites, counsels or procures any person to commit the offence
Offence
Any act or omission that is punishable on conviction under any enactment and are demarcated into 4 categories