Accessory After the Fact

Question 1

What are the elements of accessory after the fact?

Answer 1

Section 71, Crimes Act 1961:
1) Knowing any person to be a party to an offence.
2a) Receives, comforts or assists that person
OR
2b) Tampers with or actively suppresses any evidence against that person
3a) In order to enable him or her to escape after arrest
OR
3b) To avoid arrest or conviction

Question 2

What is the punishment for accessory after the fact?

Answer 2

Section 312 Crimes Act 1961:
The punishment depends on the punishment for the principal offence:
Life = 7 years max
Over 10 years = 5 years max
Under 10 years = half penalty

Question 3

What is the statutory defence to accessory after the fact?

Answer 3

Section 71(2) Crimes Act 1961:
You cannot be charged with being an accessory after the fact to your spouse or civil union partner.

Question 4

Explain the following element of Accessory after the fact:

1) Knowing any person to be a party to an offence.

Answer 4

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

Knowing means correctly believing. The belief must be correct. - Simester and Brookbanks.

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. - R v Crooks

Knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth. - R v Briggs.

A ‘party’ has the same meaning as under s66(1)

An offence is anything punishable upon conviction.

The principal offence must be completed for there to be an accessory after the fact. The principal offence must be proved.

Question 5

Explain the following element of Accessory after the fact:

2a) Receives, comforts or assists that person

Answer 5

The accused does a deliberate act for the purpose of assisting the person to evade justice. The act must actually help the person in some way.

Question 6

Explain the following element of Accessory after the fact:

2b) Tampers with or actively suppresses any evidence against that person

Answer 6

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 7

Explain the following element of Accessory after the fact:

3a) In order to enable him or her to escape after arrest

Answer 7

To be considered an accessory the acts done must be after the commission of the offence. - R v Mane.

The act must have specifically assisted the offender after arrest.

Question 8

Explain the following element of Accessory after the fact:

3b) To avoid arrest or conviction

Answer 8

To be considered an accessory the acts done must be after the commission of the offence. - R v Mane.

Acts must be done with intention that the person evades justice.