Accessory After the Fact

Question 1

Accessory after the fact

liability

Answer 1

Section 71(1), Crimes Act 1961

• knowing person party to offence
• receives, comforts or assists that person OR tampers with OR actively suppresses evidence to enable
• escape after arrest OR to avoid arrest OR conviction

Question 2

Penalty

Answer 2

7yrs for life imprisonment offence
5yrs for 10yr imprisonment offence
half the penalty for what the offence is

Question 3

What needs to be proved in relation to an accessory after the fact charge

Answer 3

• the person who is received, comforted or assisted by the accessory is a party to an offence
• at the time of receiving/comforting/assisting that person the accessory knows that person was a party to the offence
• the accessory received/comforted/assisted that person or tampered with or actively surpassed evidence against them
• at the time fo receiving/comforting/assisting the accessory’s purpose was to enable that person to escape after arrest or to avoid conviction

Question 4

When can someone not be charged with being an accessory after the fact

Answer 4

• if it is your spouse (legally married) or civil union partner that you assist or your spouse and another party (when they work in concert)

Dose not extent to those in de facto relationships or other family or cases where the person helps another party but does not assist their spouse or civil union partner

Question 5

When does an accessory after the fact charge come into play

Answer 5

Once the offence is complete

If not complete it would be considered a parties or conspiracy offence

Question 6

Definition of knowing

Answer 6

Means knowing or correctly believing….

The belief must be a correct one, where the belief is wrong a person cannot know something

Question 7

R v Crooks

Answer 7

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 insufficent

Question 8

At the time of the assistance being given an accessory must possess the knowledge that……

Answer 8

• an offence has been committed AND
• the person they are assisting was a party (principle or secondary) to that offence

Not guilty if knowledge comes about after assistance has been given

Question 9

In what two situations is it considered wilful blindness

Answer 9

• where the person deliberately shuts their eyes and fails to inquire, this is because they knew what the answer would be
• in situations where 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 10

R v Briggs

Answer 10

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 11

What are the 5 Actus reus of accessory after the fact

Answer 11

• receives
• comforts
• assists
• tampers with evidence
• actively suppresses evidence

Question 12

R v Mane

Answer 12

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

Question 13

Definition of receiving/comforting

Answer 13

Harbouring an offender or offering them shelter eg. hiding a prison escape in a basement.

Comforting encompasses providing an offender with food and clothing

Question 14

Definition of assisting

Answer 14

• providing transport
• acting as a look out
• identifying someone willing to purchase stolen property as receiver
• providing authorise with false information as to an offender whereabouts
• giving advice, information, material or services to the offender

Question 15

Definition of tampers with evidence

Answer 15

Means to alter the evidence against the offender

eg. modifying an offenders telephone records to conceal communications that might implicate them

Question 16

Definition of actively suppresses evidence

Answer 16

Acts of concealing or destroying evidence against the offender

eg. bloodied clothing washed repeatedly or set alight to destroy it

Question 17

Is it possible to be convicted of attempting to be an accessory

Answer 17

Yes

Question 18

Is there a requirement that the offender is assisted directly by the accessory

Answer 18

No, they can assist a third person who directly assists the offender

Question 19

What intent must an accessory possess (mens rea)

Answer 19

to enable the offender to:
• escape after arrest
• avoid arrest
• avoid conviction

Question 20

Can an accessory be charged even if the party to the principle offence is not charged

Answer 20

Yes

Question 21

In order to be found guilty of an accessory after the fact what must be proved

Answer 21

Proof that the principle offence was committed

Still applied even when the offender has pled guilty to the principle offence

Question 22

Can an accessory after the fact still be convicted after the offender of the principle offence is acquitted

Answer 22

Yes, unless the accessory’s conviction is inconsistent with the acquittal of the original offender

Question 23

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

Answer 23

When you can. prove that the property was received with the intention to assist the offender evading justice