Accessory After The Fact

Question 1

Penalties

Answer 1

7 years (for life imprisonment offences)
5 years (imprisonment 10+ years)
1/2 of the maximum penalty (for all other offences under 10 years)

Question 2

Ingredients

KAPTBAPTAO
R,COATP
TWOASAE
IOTEHTEATA
TAAOC

Answer 2

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

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

3) In order to enable him to escape after the arrest
OR
to avoid arrest or conviction.

Question 3

Definition of “Knowing” under the act

KMKOCB.TDMBSWBCNKSTIF

Answer 3

Knowing means “knowing or correctly believing”. The defendant may believe something wrongly but can not know something that is false.

Question 4

Case law:
R v Crooks - Knowledge

KMAKOBITSOHNRDTTPAWAPTTRO

Answer 4

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.

Question 5

Case law:
R v Briggs

KMABIFWBOADAFMETWCTST

Answer 5

Knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquires that would confirm the suspected truth.

Question 6

Definition of “person” under the act

GN.PBJNOCE

Answer 6

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 7

Party - Sec 66(1) Crimes Act 1961

EIPTAGOAOW
ACTOO
DOOAAFTPOAAPTCTOO
AAPITCOTOO
I,COPAPTCTO

Answer 7

(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.

Question 8

Offence

AAOOTIPOCUAE,AADIFC
APBCWBAAATFIETIOPOTPCATCTEOIEITPOHPG.

Answer 8

Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories:

A person being charged with being an accessory after the fact is entitled to insist on proof of the principal crime and to challenge the evidence of it even if the principal offender has pleaded guilty.

Question 9

Receives / Comforts / Assists

TADADAFTPOATPTEJ. TADMAHTPISW

Answer 9

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.

Question 10

Tampers with / Actively Suppresses Evidence

MDADAIRTEATOFTPOATPTEJ. TAMAHTP

Answer 10

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 11

Case law:
R v Mane

TBCAA, TADBTPMBATCOTO

Answer 11

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

Question 12

Act and section

Answer 12

Sec 71(1) Crimes Act 1961