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Question 1

Accessory after the fact - s71 CA61

Answer 1

An accessory after the fact to an offence is one who,

Knowing any person to have been a party to the 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 avoid arrest or conviction

Question 2

What needs to be proved for accessory after the fact

Answer 2

• the person who is received, comforted or assisted by the accessory, is a party to an offence that has been committed
• at the time of receiving, comforting or assisting that person, the accessory knows that person was a party to the offence
• the accessory received, comforted or assisted that person or tampered with or actively surprised any evidence against that person
• at the time of the receiving, comforting or assisting ect, the accessory’s purpose was to enable that person to escape after arrest or to avoid arrest or conviction

Question 3

Spouse / civil union partner exceptions

Answer 3

Prior to the crimes amendment act 2019 specific statutory limitations were imposed.

These limitations still apply to offences committed prior to the crimes amendment act 2019.

Question 4

R v crooks

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 relevant offence.

Mere suspicion of their involvement in the offence is insufficient

Question 5

Knowledge must exist at the time assistance given

Answer 5

At the time the assistance is given the accessory must possess the knowledge that

• an offence has been committed
• the person they are assisting is a party (primary or secondary) to that offence

Where this knowledge comes about after the assistance has been given they are no liable as an accessory

Question 6

R v Briggs - wilful blindness

Answer 6

As with a receiving charge under s246(1) knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth

Question 7

Actus reus of an accessory after the fact

Answer 7

The intentional acts are

• receives
• comforts
• assists
• tampers with evidence
• actively suppresses evidence

Question 8

Offence must be complete

Answer 8

In r v Mane, the accused was initially charged with being an accessory after the fact to murder, in that he gave assistance to those involved in the murder of another.

The assistance was given after the victim was shot but before they succumbed to their injuries. The crown withdrew the charge and laid wilfully attempting to pervert the course of justice

Question 9

R v mane

Answer 9

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

Question 10

Actively suppressing evidence

Answer 10

Encompasses the acts of concealing or destroying evidence against an offender.

Eg. Bloodied clothing washed repeatedly to remove evidence or setting alight to destroy the clothing

R v Levy - had done a deliberate act in relation to the evidence against the offender for the purpose of assisting that offender to evade justice