Accessory After the Fact Flashcards
Ingredients
Accessory after the fact
- 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
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.
What case law relates to knowing a person to be a party to an offence?
R v Crooks
R v Briggs
R v Briggs
knowledge may be inferred from willful blindness or a deliberate neglect to make inquiries that would confirm the suspected truth.
What does this case law relate to?
R v Crooks?
knowing any person to be a party to an offence
Define
being party to an offence
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
What does this case law relate to?
R v Briggs
Knowing any person to be a party to an offence
What are the three ways in which an accessory assists an offender?
escape after arrest
avoid arrest
avoid conviction
What are the five acts an accessory can do to assist in evading justice of an offender?
Receives comforts assists tampers with evidence actively suppresses evidence
R v Mane
To be considered an accessory the acts done by the person must be after the completion of the offence
What case law relates to
In order for him or her to escape after arrest or to avoid arrest or conviction
R v Mane
What does this case law relate to?
R v Mane
In order for him or her to escape after arrest or to avoid arrest or conviction
What are the defences to being an accessory?
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
Act/Section
Accessory after the fact
S 71(1) CA 1961
Penalty
Accessory after the fact
Life: 7 years
10 +: 5 years
Under 10: 1/2 penalty
Define
Knowing
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
Simester and Brookbanks
Knowing means knowing or correctly believing. The belief must be a correct one, where the belief is wrong a person cannot know something.
Define
Offence
Any act or omission that is punishable on conviction under any enactment
A person charged with being an accessory has the right to what?
insist on proof of the principal crime and to challenge evidence of it even if the principal offender has plead guilty
What needs to be proven for
Accessory after the fact?
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.
What discussion relates to
Receiving/comfroting/assisting
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.
What discussion relates to
in order to enable him or her to escape after arrest
the act must have specifically assisted the offender after they had been arrested
What discussion relates to
to avoid arrest or conviction
all acts must be done by the accused with the express intention that the person evades justice either by avoiding arrest or conviction
What discussion relates to
tampers with or actively suppresses evidence against him or her
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
