CL - AATF

Question 1

AATF

Answer 1

Sec 71(1) CA 61, under 10 = 1/2 or 10+ = 5 years or Life = max 7 years

Question 2

AATF ingredients

Answer 2

1. Knowing any person to be a party to an offence
2. Receives, comforts or assists that person
   OR
   Tampers with or actively suppresses any evidence against him
3. In order to help him to escape after arrest
   OR
   To avoid arrest or conviction

Question 3

1. Knowing any person to be a party to an offence

Answer 3

Knowing
S&B
R v CROOKS
R v BRIGGS
Person
Party, s66(1) CA 61
Offence
Proof of principal crime

Question 4

2. Receives, comforts or assists that person
   OR
   Tampers with or actively suppresses any evidence against him

Answer 4

R, C or A
OR
Tampers with/Actively suppresses

Question 5

3. In order to help him to escape after arrest
   OR
   To avoid arrest or conviction

Answer 5

R v MANE
Specifically assisted
OR
Evade justice

Question 6

Knowing

Answer 6

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

Question 7

Simister & Brookbanks

Answer 7

Knowing means knowing or correctly believing.

The defendant may believe something wrongly but cannot know something that is false.

Question 8

R v CROOKS

Answer 8

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.

Question 9

R v BRIGGS

Answer 9

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

Question 10

Person

Answer 10

Gender neutral. Proven by judicial notice or circumstantially.

Question 11

Party

Answer 11

s 66(1) CA 61
Defined as being anyone who:

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

Question 12

Offence

Answer 12

Any act or omission that is punishable on conviction under any enactment and are demarcated into four categories.

Question 13

Proof of the principal crime

Answer 13

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.

Question 14

Receives, comforts or assists

Answer 14

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 15

Tampers with/Actively suppresses

Answer 15

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

Question 16

R v MANE

Answer 16

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

Question 17

After arrest

Answer 17

The act must have specifically assisted the offender after they had been arrested.

Question 18

Evade justice

Answer 18

All acts must be done by the accused with the express intention that the person evades justice either by avoiding arrest or conviction.