Accessory After the Fact

Question 1

What section is accessory after the fact?

Answer 1

s71, Crimes Act 1961

Question 2

Define legislation for accessory after the fact.

Answer 2

An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him, in order to enable him to escape after arrest or to avoid arrest or conviction.

Question 3

Is there a defence for accessory after the fact?

Answer 3

No

Question 4

Explain R v Mane relating to when the offence is complete.

Answer 4

The offence must be complete to be an accessory.

Question 5

Explain R v Crooks relating to knowledge.

Answer 5

At the time assistance was given, the accessory must possess the knowledge that an offence has been committed and the person they are assisting was a party to that offence.

Question 6

Explain when a person is considered willfully blind? What is the case law?

Answer 6

A person is considered wilfully blind if (1) they deliberately shut their eyes or fail to inquire as they know the answer or (2) where the knowledge is easily at hand but they refrain from inquiring in order to not know
(R v Briggs).

Question 7

What is the actus reus of accessory after the fact?

Answer 7

the person must do a deliberate intentional act as follows: receives, comforts, assists, tampers with evidence, actively suppresses evidence.

Question 8

What is the mens rea of accessory after the fact?

Answer 8

intent when performing the act must be to help the offender do one of the following: escape after arrest, avoid arrest, avoid conviction.