*Accessory After The Fact - s71(1)

Question 1

Accessory after the fact - s71(1) CA61

Penalty - s312
- 7yrs (life imprisonment offences)
- 5yrs (offences imprisonable by 10y +)
- 1/2 penalty (of the offence if less than 10y)

Answer 1

• Everyone who
• Knowing any person to have been a party to an offence
• Receives, Comforts, or Assists that person
  OR
  Tampers with or actively suppresses any evidence against him
• In order to enable him to escape after arrest or to avoid arrest or conviction

Question 2

Knowledge
- Simester & Brookbanks

Answer 2

Knowing means knowing or correctly believing… The belief must be a correct one, where the belief is wrong a person cannot know something.

Question 3

Knowledge must exist at the time of assistance

Answer 3

At the time of the assistance being given, an accessory must know that:

• An offence has been committed, and
• The person they are assisting was a party to that offence.

Where knowledge comes after the assistance, they’re not liable as an accessory.

Question 4

CROOKS
- Knowledge

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 offence. Mere suspicion of their involvement is insufficient.

Question 5

Wilful blindness

Answer 5

A person is considered wilfully blind if:

• The person deliberately shuts their eyes and fails to inquire; because they knew what the answer would be, or
• The knowledge is easily at hand and the person realises the likely truth but refrains from inquiring in order not to know.

Question 6

BRIGGS
- Wilful Blindness

Answer 6

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

Question 7

MANE
- Offence must be complete

Answer 7

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

Question 8

what are the 5 intentional acts of AATF?

Answer 8

• Receives.
  (Common law meaning & refers to harboring an offender or offering them shelter)
  E.g. hiding an escapee in a basement.
• Comforts.
  (Common law meaning & refers to providing shelter, accommodation, food, clothing, or other supplies to an offender)
• Assists.
  (Common law meaning & refers to
  providing transport, acting as a lookout, giving authorities false info, giving advice, info, material, or services to the offender)
• Tampers with evidence.
  (Means to alter the evidence against the offender)
  Eg. Modifying an offenders phone records to hide info.
• Actively suppresses evidence.
  (Concealing or destroying evidence against an offender)
  Eg. Washing or destroying bloodied clothing.

Question 9

What are the 3 intents of AATF?

Answer 9

• To enable the offender to escape.
• Avoid arrest.
• Avoid conviction.

Question 10

Spouse / Civil union partner exceptions
- s71(2)

Answer 10

You can’t be charged with being an AATF to your spouse, or your spouse and another party. This is the same for a civil union, but not a de facto relationship.

This defence doesn’t extend to helping the other party and not their spouse or civil union partner as well.

Question 11

Innocent agent

Answer 11

If an innocent agent is employed by an accessory, the actions of the agent will be held to be the actions of the accessory.

Question 12

What is the principal difference between a party to an offence an an accessory after the fact?

Answer 12

Parties are involved in the offence before or during the commission of the offence, whereas accessories are involved after the completion of the offence.