Accessory After The Fact

Question 1

Names the Act and Section for Accessory After the Fact

Answer 1

Section 71(1) Crimes Act 1961

Question 2

Name the 3 ingredients for Accessory After The Fact

Answer 2

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 3

Define knowing:

Answer 3

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

Question 4

Simester and Brookbanks

Knowing

Answer 4

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

Question 5

R v Crooks (Knowledge)

Answer 5

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 6

R v Briggs (knowledge)

Answer 6

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

Question 7

Define Person:

Answer 7

Gender neutral. Proven judicially or circumstantially

Question 8

Party- Sec 66(1) Crimes Act 1961

Defined as being anyone who: (4)

Answer 8

1. Commits the offence or
2. Does or omits an act for the purpose of aiding any person to commit the offence or
3. Abets any person in the commission of the offence or
4. Incites, counsels, or procures any person to commit the offence

Question 9

Define offence:

Answer 9

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

Question 10

A person charged with being an accessory after the fact is..

Answer 10

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

Question 11

Define Receives/ Comforts or Assists:

Answer 11

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 12

Define Tampers With/ Actively Suppresses Evidence

Answer 12

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 13

R v Mane

Answer 13

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

Question 14

The act must have specifically…

Answer 14

Assisted the offender after they had been arrested.

Question 15

All acts done by accused…

Answer 15

With the express intention that the person evades justice either by avoiding arrest or conviction.