Accessory after the fact - Definitions / Discussion

Question 1

PARTY - s66(1), Crimes Act 1961

Answer 1

Defined as being anyone who:

• commits the offence;
• does or omits an act for the purpose of aiding any person to commit the offence
• Abets any person in the commission of the offence
• Incites, counsels, or procures any person to commit the offence

Question 2

OFFENCE - s2, Crimes Act 1961

Answer 2

An act or omission for which the defendant can be punished under this act or any other enactment, whether on indictment or on summary conviction.

Question 3

PROOF OF OFFENCE COMMITTED

Answer 3

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

Question 4

RECEIVES, COMFORTS/ASSISTS OFFENDER

Answer 4

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 5

TAMPERS WITH OR ACTIVELY SUPPRESSES EVIDENCE

Answer 5

Must do a deliberate act in relation to evidence against offender for purpose of assisting person evade justice. The act must actually help the person