Accessory after the fact

Question 1

Accessory after the fact Liability

Answer 1

Section 71(1) Crimes Act 1961
Knowing any person to be a party to an offence
Receives that person OR
Comforts that person OR
Assists that person OR
Tampers with any evidence OR
Actively suppresses any evidence
In order to help him to
Escape after arrest OR
Avoid arrest OR
Avoid conviction

Question 2

R v Crooks

Answer 2

“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. Mere suspicion of their involvement in the offence is insufficient.”

Question 3

R v Briggs

Answer 3

“as with a receiving charge under s246(1), knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.”

Question 4

R v Mane

Answer 4

“to be considered an accessory the acts done by the person must be after the completion of the offence.”

Question 5

R v Gibbs

Answer 5

“the act or acts done by the accessory must have helped the other person in some way to evade justice.”

Question 6

R v Levy

Answer 6

“Levy had removed equipment after it had been used in the counterfeiting process and after the offender’s arrest, a deliberate act in relation to the evidence against the offender for the purpose of assisting that offender to evade justice.”

Question 7

What intent must be present in the mind of a person at the time of providing assistance to a party to an offence, so as to make that person liable as an accessory after the fact?

Answer 7

For someone to be held liable as an accessory after the fact, the intent required at the time of providing assistance is that such assistance will:

1. enable the offender to escape after arrest, or
2. enable that offender to avoid arrest or conviction.

Question 8

Briefly define the meaning of each of the following terms referred to in s71(1) of the Crimes Act 1961 as they relate to accessories after the fact:
Receives
Comforts
Assists
Tampers with
Actively suppresses

Answer 8

1. Receives - harbouring an offender or offering them shelter eg. hiding an escapee in the basement.
2. Comforts - providing shelter, accommodation, food, clothing or other supplies to an offender.
3. Assists - providing transport, acting as a look out, identifying a purchaser for stolen property as a receiver, deliberately providing authorities with false information as to an offender’s whereabouts, giving advice, information, material or services to the offender.
4. Tampers with - to alter evidence against the offender eg. modifying an offender’s telephone records to conceal communication that might implicate them.
5. Actively suppresses - acts of concealing or destroying evidence against an offender eg. washing bloodied clothing repeatedly to remove evidence or destroying it.

Question 9

What is the principal difference between a party to an offence and an accessory after the fact?

Answer 9

Parties are involved in the offence before or during the commission of the offence, whereas accessories are involved after the principal offence has been committed.

Question 10

Under what circumstances can you charge someone as being an accessory after the fact when they have received goods dishonestly obtained?

Answer 10

The circumstances under which you can charge the receiver of dishonestly obtained goods with being an accessory after the facts, are where the receiving of those goods was done with a view to helping the offender and enabling them to evade justice. It is generally accepted that receivers purchase stolen property for their own financial gain, not to assist the principal offender. Where the contrary is proved then an accessory charge is appropriate.