Accessory After The Fact

Question 1

Name the section and act for accessory after the fact?

Include penalty

Answer 1

S. 71(1), CA 61

7yrs/5yrs/half penalty of original offence under 5yrs

Question 2

List the ingredients of AATF?

Answer 2

Knowing any person to have been a part to any offence

Receives, comforts, or assists that person

OR

Tampers with or actively suppresses any evidence against him

In order to help him escape after arrest

OR

To avoid arrest or conviction

Question 3

What knowledge must exist at time of assistance given?

Answer 3

• An offence has been committed

- The person they were/are assisting was a party to that offence

Question 4

Can spouse or civil union partner be charged?

Answer 4

Cannot be charged if legally married.

Also cannot be charged if spouse is with another party working together

Question 5

Can you be charged if in defacto relationship?

Answer 5

Yes. Need to be in civil union/married

Question 6

What is the case law for when the offence is complete?

Give example?

Answer 6

The acts done by the person must be after the completion of the offence

R v Mane

Eg. Assistance was provided After the victim had been shot. The victim later succumbed to his injuries therefore assistance was provided before he died making the making him not liable to murder

Question 7

What are the intentional acts of Accessory?

Answer 7

• Recieves
• Comforts
• Assists
• Tampers with evidence
• Actively suppresses evidence