ACCESSORY AFTER THE FACT - Definitions Flashcards
Knowing + Case Law
Knowing
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.
Party to
Party – Section 66(1) Crimes Act 1961
Everyone is party to and guilty of an offence who:
Actually commits the offence; OR
Does or omits an act for the purpose of aiding any person to commit the offence; OR
Abets any person in the commission of the offence OR
Incites, counsels or procures any person to commit the offence.
Offence
Offence
Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories.
Proof of Offence Committed
Proof of Offence Committed
The offence must be complete in order to be an accessory. Where the person is involved before or during the commission of the offence you should consider whether they are a party to the offence or a conspirator.
A person 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.
Receives/Comforts/Assists
Receives/Comforts/Assists
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.
Tampers with OR actively suppresses any evidence + Case Law
Tampers with OR actively suppresses any evidence
Must do a deliberate act in relation to evidence against the offender for purpose of assisting the person to evade justice. The act done must actually help the person in some way.
R v MANE
To be considered an accessory the acts done by the person must be after the completion of the offence.
