S.71 Accessory After the Fact

Question 1

What is the Section, Act & Penalty for Conspiracy?

Assessory After the Fact

Section, Act, Penalty

Answer 1

Assessory After the Fact

Section 71

Crimes Act 1961

Penalty:

• offence life = 7 years max
• offence 10> = 5 years max

Question 2

What are the elements / ingredients of AATF?

Elements and Ingredients

of

Accessory After the Fact

Answer 2

1. Everyone who
2. Knowing any person to be a party to an offence
3. Receives / Comforts / Assists that person OR Tampers with OR Actively suppresses any evidence against him or her
4. In order to enable him or her to escape after arrest OR to avoid arrest or conviction

Question 3

What is the definition of knowing?

Knowing definition

Answer 3

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 4

What is Simester and Brookbanks

Simester and Brookbanks

Answer 4

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

Question 5

What is R v Crooks?

R v Crooks

Answer 5

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 6

What is R v Briggs?

R v Briggs

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

What is R v Mane?

R v Mane

Answer 7

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