Accessory After the Fact

Question 1

ACCESSORY AFTER THE FACT

Section 71 (1)
Crimes Act 1961
5 - 7 Years

Answer 1

Knowing any person to be a party to an offence

Receives, comforts or assists that person
OR
Tampers with or actively suppresses any evidence

In order to enable him to escape after arrest
OR
To avoid arrest or conviction

Question 2

1.1 Knowing any person to be a party to an offence

Answer 2

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

SIMESTER AND BROOKBANKS: PRINCIPLES OF CRIMINAL LAW
Knowing means ‘ knowing or correctly believing’. The defendant may believe something wrongly but cannot ‘know’ something that is false.

R V CROOKS - 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 BRIGGS - Knowledge may also be inferred from wilful blindness that the offence was committed.

Question 3

1.2 Receives, comforts or assists that person OR Tampers with or actively suppresses any evidence

Answer 3

Receives, comforts or assists that person = The accused does a deliberate act for the purpose of assisting the person to evade justice. The act done must actually help the person in some way.

OR

Tampers with or actively suppresses any evidence = Must do a deliberate act in relation to evidence against the offender for purpose of assisting person to evade justice. The act must actually help the person.

Question 4

1.3 In order to enable him to escape after arrest OR To avoid arrest or conviction

Answer 4

In order to enable him to escape after arrest = The act must have specifically assisted the offender after they had been arrested.

All acts must be done by accused with the express intention that the person evades justice either by avoiding arrest of conviction

R V MANE - The act done must be done after the completion of the offence.

Question 5

Define Party as per Section 66 (1) Crimes Act 1961

Answer 5

(1) Everyone is party to and guilty of an offence who:
(a) Actually commits the offence or
(b) Does or omits an act for the purpose of aiding any person to commit the offence; or
(c) Abets any person in the commission of the offence or
(d) Incites, counsels or procures any person to commit the offence