Accessory After the Fact

Question 1

What needs to be proved

Answer 1

• Offender is party to an offence committed.
• Knows the offender is party to an offence.
• Received, comforts or assisted that person or tampered with or actively suppresses any evidence against him or her.
• In order to enable him or her to escape after arrest or to avoid arrest or conviction.

Question 2

71(2) Crimes Act 1961

Answer 2

You cannot be charged with being an accessory after the fact to your spouse (legally married), or you spouse and another party (when they work in concert). Applies to civil union but not deficit relationship or family.

Question 3

Knowledge

Answer 3

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

• An offence has been committed, and
• The person they are assisting was a party (principal or secondary) to that offence.

Question 4

Wilful Blindness

Answer 4

A person is considered wilfully blind in only two situations:

• The person deliberately shuts their eyes and fails to enquire; this because they knew what the answer would be.
• The means of knowledge are easily at hand and the person realises the likely truth of the matter but refrains from inquiring in order not to know.

Question 5

R v Mane

Answer 5

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

Murder: after shot - before dead.
Mane, he dead.

Question 6

Receives, Comforts

Answer 6

Receives: harbouring an offender or offering them shelter.

Comfort: provides food and clothing.

Question 7

Assists

Answer 7

Providing transport, acting as a look out, ID potential receivers, giving authorities false information, give advice, information, materials and services.

Question 8

R v Gibbs

Answer 8

To evade justice:

Gibbs was convicted as an accessory after the fact to an escaped convicted murderer. Gibbs and the escapee were hiding together at a hiding place before Gibbs left to uplift supplies, before returning with them for their joint use. The court determined the escapee was being helped by Gibbs due to Gibbs supplying provisions. The acts done must have helped the person in some way to evade justice.

Question 9

Tampers with evidence

Answer 9

Alters the evidence against the offender.

Eg, Modifying telephone records to conceal communication that might implicate them.

Question 10

Actively suppresses any evidence

Answer 10

Concealing or destroying evidence.

Question 11

R v Levy

Answer 11

Actively suppresses any evidence:

Levy was convicted of being an accessory after the fact to counterfeiting currency. Levy had removed the equipment after it had been used by the offender after the arrest of the offender and the recovery of the moulds used in the counterfeiting.

It was held that Levy had one a deliberate act in relation to the evidence against the offender for the purpose of assisting that offender to evade justice.

Question 12

Proof of the Principal offence

Answer 12

A person charged with being an accessory after the fact is entitled to insist on proof of the principle crime and to challenge the evidence of it even if the principle offender has pleaded guilty.
R v Mane (not liability)

Question 13

Acquittal of the Offender

Answer 13

A person can still be convicted as an accessory after the fact despite the offender having been acquitted of the offence.