Accessory after the fact Flashcards
Accessory after the fact
What is the legislation for AaF
- *Section 71, Crimes Act 1961**
(1) An accessory after the fact to an offence is one who, knowing any person to have been a 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.
(2) No married person whose spouse or civil union partner has been a party to an offence shall become an accessory after the fact to that offence by doing any act to which this section applies in order to enable the spouse or civil union partner or the spouse or civil union partner and any other person who has been a party to the offence, to escape after arrest or to avoid arrest or conviction.
Accessory after the Fact
Where is the penalty for 71 found?
Give table of penalties
Section 312, Crimes Act 1961
Life = 7 years
10+ years = 5 years
All other cases = half
AaF - What needs to be proved
What 4 things need to be proven
What are the ingredients as per the liability (include top and sides)
- That the person assisted is principal or party to an imprisonable offence
- That the accessory assisting knew 1)
- The the accessory:
- received, comforted or assisted that person
- or tampered with or actively suppressed any evidence against that person
- The purpose was to enable that person to escape after arrest or to avoid arrest or conviction.
Ingredients
**1.1 **Knowing any person to be a party to an offence
1.2 Receives, comforts, or assists that person
OR Tampers with or actively surpresses any evidence
1.3 In order to enable him to escape arrest
OR To avoid arrest or conviction
Spouse/civil union partner
Can a spouse or civil union partner be charged with AaF?
No. You cannot be charged with being an accessory after the fact to your spouse (legally married), or your spouse and another party (
AaF
Does the offence of the principal party have to be complete in order to be an accessory?
The offence must be complete in order to be an accessory.
Where the person is involved before or during the commission of the offence you should consider whether they are a party to the offence or a conspirator.
Knowing any person to have been a party to an offence
Define ‘Knowing’
Cite Simester and Brookbanks
What is the case law regarding the accessory’s knowledge of Person A’s offending?
What is the case law regarding wilful blindness?
Knowing - The accused must have knowledge that the person they are being an accessory to was a party to an offence at the time of assisting them
Simester & Brookbanks: Principles of Criminal Law.
“Knowing” means “knowing, or correctly believing”
The defendant may believe something wrongly but cannot ‘Know’ something is false
R v Crooks
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.
_R v Briggs _
Knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.
Party
Define ‘Party’ as requried for the AaF liability
Section 66, Crimes Act 1961
Defined as being anyone who:
- Actually commits the offence; or
- Does or omits an act for the purpose of aiding any person to commit the offence; or
- Abets any person in the commission of the offence; or
- Incites, counsels, or procures any person to commit the offence.
AaF - Offence
Define ‘Offence’ as required by AaF liability
Include ‘right to challenge’ element
Offence
Any act or omission that is punishable by conviction under any enactment and are demarcated into four catagories
An accessory after the fact is entitled to insist on proof that the principal crime was committed and to challenge that proof even if the original offence has been found guilty.
Actus Reas for AaF
What are the 5 things the accessory can do to be liable
- Receives
- Comforts
- Assists
- Tampers with evidence
- Actively surpresses evidence
Recieves / Comforts / Assists
What is requried for the this definition in the liability
Recieves / Comforts / Assists
The accused does a deliberate act for the purpose of assisting the person to evade justice. The act done must actually assist the person in some way
Tampers with evidence / Actively suppresses evidence
What is the definition as required by the liability?
Tampers with evidence / Actively suppresses evidence
Must do deliberate act in relation to the evidence against the offender for the purpose of assisting that offender to evade justice. The act must actually help the offender
…in order to enable him to escape after arrest or to avoid arrest or conviction.
What is the case law that must be quoted regarding the completion of the original offence?
R v Mane
To be considered an accessory the acts done by the person must be after the completion of the offence.
…in order to enable him to escape after arrest or to avoid arrest or conviction.
What must be quoted in the liability for AaF regarding the actual acts of the accessory?
The act must have specifically helped the offender after arrest
OR
The acts must be done by the accessory with the express intention that the person evades justice either by avoiding arrest or conviction
AaF - Attempts / indirect assistance
Can you be prosecuted for attempted accessory?
Can you be done for indirect assistance?
Give examples of each
Yes - unsuccessfully disposing of a firearm
Yes - provided there is guilty knowledge and actual assistance eg giving money to pay a third party for services to assist the offender
