Association Offences - Accessory After The Fact

Question 1

Act Section Elements of Accessory After The Fact

Answer 1

Accessory After The Fact Section 71(1) CA1961

• 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/her.
• In order to enable him/her to escape after arrest or, to avoid arrest or conviction.

Question 2

R v Crooks

Answer 2

Knowing means having no real doubt that the person assisted was party to an offence. Mare suspicion of their involvement in an offence is insufficient.

Question 3

Simester & Brookbanks - Knowing

Answer 3

Knowing means correctly believing. A person may believe something that is incorrect but cannot know something that is wrong.

Question 4

R v Briggs

Answer 4

Knowledge may be inferred from wilful blindness or deliberately not making inquiries that would confirm the suspected truth.

Question 5

Define Receieves

Answer 5

Harboring an offender or offering them shelter.

Question 6

Define comforting

Answer 6

Providing an offender with things such as food and clothing.

Question 7

Define Assisting

Answer 7

Giving advice, material or services. Eg. Providing transport, acting as a lookout or providing false information to Police.

Question 8

R v Mane

Answer 8

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

Question 9

Define Tampers with

Answer 9

Teampers means to alter the evidence against the offender.

Question 10

Define Actively Suppresses Evidence

Answer 10

concealing or destroying evidence