Accessory After The Fact

Question 1

List the tops and sides for Accessory after the fact

Answer 1

Accessory after the fact

Section 71(1) ca61

Penalty: 7/5/.5 years

1. 1 knowing any person to be party to an offence
2. 2 receives, comforts or assists that person

OR

Tampers with or actively suppresses any evidence

1.3 in order to enable him to

Escape after arrest

OR

To avoid arrest or conviction

Question 2

Knowing

Answer 2

The accused must have knowledge that the person that they are being an accessory to was party to an offence at the time they were assisting them.

Question 3

SIMESTER AND BROOKBANKS: Principles of criminal law.

Answer 3

Knowing means knowing or correctly believing. The defendant may believe something wrongly but cannot know something that is false.

Question 4

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

R V BRIGGS

Answer 5

Knowledge may also be inferred from wilful blindness that the offence was committed.

Question 6

Party - 66(1) crimes act 1961

Answer 6

(1) everyone is party to and guilty of an offence who:

(a) actually commits the offence
(b) does or omits an act for the purpose of aiding any person to commit the offence; or
(c) abets any person in the commission of the offence or
(d) incites, counsels or procures any person to commit the offence.

Question 7

Offence

Answer 7

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

Question 8

Charge of accessory

Answer 8

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