ACCESSORY AFTER THE FACT

Question 1

Criminal liability
Accessory after the fact
Section 71 (1) crimes act 1961
Under 10 years half penalty
10 years or more five years
Life in prisonment – maximum seven years

Answer 1

1.knowing any person to be a party to an offence
2.receives, comforts assists that person or
Tampers with or actively suppresses any evidence against him
3.in order to help him to escape after arrest or
To avoid arrest or conviction

Question 2

Explain

Accessory after the fact

Answer 2

An accessory after-the-fact is a person who assists the offender, or destroys for tampers with evidence, in order to help the offender to avoid arrest, or to escape after arrest

Question 3

Knowledge must exist at the time assistance given

Answer 3

At the time of the assistance being given, an accessory must possess the knowledge that

1. an offence has been committed and
2. the person they are assisting was the party (principal or secondary)to that offence

Question 4

Caselaw
Knowledge
R v Crooks

Answer 4

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.

Question 5

Caselaw
Knowledge
R v Briggs

Answer 5

Knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.

Question 6

Principles of criminal law

Simester and Brookbanks

Answer 6

Knowing means knowing or correctly believing.

The defendant may believe something wrongly, but cannot know something that is false.

Question 7

Define party
Section 66 (1) crimes act 61

Answer 7

Defined as being anyone who

1. commit 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.

Question 8

Define offence

Section 2 crimes act 1961

Answer 8

Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories

Question 9

Proof of offence committed

Answer 9

A person charged with being an accessory after-the-fact is entitled to assist on proof of the principal crime and to challenge the evidence of it even if the principal offender has pleaded guilty.

Question 10

Define

Receives/comforts/or assists

Answer 10

The accused does a deliberate act for the purpose of assisting the person to evade justice. The act done must actually help the person in some way.

Question 11

Define

Tampers with /actively suppressed is evidence

Answer 11

Must do a deliberate act in relation to evidence against the offender for the purpose of assisting the person to evade justice. The act must actually help the person.

Question 12

Caselaw

R v Mane

Answer 12

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