Accessory After the Fact Case Laws

Question 1

R v Crooks

Knowing any person to have been a party to an offence

Answer 1

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 2

R v Briggs

Wilful blindness

Answer 2

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 3

R v Mane - What was it about?

Answer 3

In R v Mane the accused was initially charged with being an accessory after the fact to murder, in that it was alleged that he gave assistance to the parties charged with the murder of another.

The assistance alleged was given after the victim had been shot and before the victim had succumbed to his injuries. Upon reflection the crown withdrew the charge and was granted leave to substitute a charge under s117(d) Crimes Act 1961, (wilfully attempting to pervert the course of justice).

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 - What was it about?

To evade justice

Answer 5

Gibbs was convicted as an accessory after the fact to an escape made by a convicted murderer. Gibbs and the escapee were together at a hiding place before Gibbs left to uplift supplies, before returning with them for their joint use. The Court determined that the escapee was being helped by Gibbs due to Gibbs supplying provisions, despite an argument that they were for Gibbs’ own benefit.
Gibbs highlights 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 - What was it about?

Actively suppressing evidence

Answer 6

Levy was convicted of being an accessory after the fact to counterfeiting currency. Levy had removed equipment after it had been used by the offender in the counterfeiting process and after the offender’s arrest and the recovery of moulds used in the counterfeiting.
It was held that Levy had done a deliberate act in relation to the evidence against the offender for the purpose of assisting that offender to evade justice.