Accessory After the Fact

Question 1

Ingredients

Accessory after the fact

Answer 1

1. Knowing any 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 or her

3.
In order to enable him or her to escape after arrest
OR
to avoid arrest or conviction

Question 2

R v Crooks

Answer 2

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 3

What case law relates to knowing a person to be a party to an offence?

Answer 3

R v Crooks

R v Briggs

Question 4

R v Briggs

Answer 4

knowledge may be inferred from willful blindness or a deliberate neglect to make inquiries that would confirm the suspected truth.

Question 5

What does this case law relate to?

R v Crooks?

Answer 5

knowing any person to be a party to an offence

Question 6

Define

being party to an offence

Answer 6

Anyone who

Commits an offence
does or omits an act for the purpose of commting an offence
abets any person in the commission of an offence
incites, counsels or procures any person to commit the offence

Question 7

What does this case law relate to?

R v Briggs

Answer 7

Knowing any person to be a party to an offence

Question 8

What are the three ways in which an accessory assists an offender?

Answer 8

escape after arrest
avoid arrest
avoid conviction

Question 9

What are the five acts an accessory can do to assist in evading justice of an offender?

Answer 9

Receives
comforts
assists
tampers with evidence
actively suppresses evidence

Question 10

R v Mane

Answer 10

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

Question 11

What case law relates to

In order for him or her to escape after arrest or to avoid arrest or conviction

Answer 11

R v Mane

Question 12

What does this case law relate to?

R v Mane

Answer 12

In order for him or her to escape after arrest or to avoid arrest or conviction

Question 13

What are the defences to being an accessory?

Answer 13

Being married or party of a civil union to the person who is party to the offence.

This defence does not include de facto relationships

Question 14

Act/Section

Accessory after the fact

Answer 14

S 71(1) CA 1961

Question 15

Penalty

Accessory after the fact

Answer 15

Life: 7 years
10 +: 5 years
Under 10: 1/2 penalty

Question 16

Define

Knowing

Answer 16

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

Question 17

Simester and Brookbanks

Answer 17

Knowing means knowing or correctly believing. The belief must be a correct one, where the belief is wrong a person cannot know something.

Question 18

Define

Offence

Answer 18

Any act or omission that is punishable on conviction under any enactment

Question 19

A person charged with being an accessory has the right to what?

Answer 19

insist on proof of the principal crime and to challenge evidence of it even if the principal offender has plead guilty

Question 20

What needs to be proven for

Accessory after the fact?

Answer 20

The person for which the accused is an accessory to was party to an offence

The accessory knew the person was a party to an offence at the time of the act

that the accessory received, comforted, assisted that person or tampered with or actively suppressed evidence

That at the time of the act the accessory intended to enable that person to escape after arrest or avoid arrest or conviction.

Question 21

What discussion relates to

Receiving/comfroting/assisting

Answer 21

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 22

What discussion relates to

in order to enable him or her to escape after arrest

Answer 22

the act must have specifically assisted the offender after they had been arrested

Question 23

What discussion relates to

to avoid arrest or conviction

Answer 23

all acts must be done by the accused with the express intention that the person evades justice either by avoiding arrest or conviction

Question 24

What discussion relates to

tampers with or actively suppresses evidence against him or her

Answer 24

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 in some way