Accessory After the Fact

Question 1

What needs to be proved

Answer 1

The elements of the offence of accessory after the fact are:

 That the person (person A), who is received, comforted or assisted by the
accessory (person B) is a party (principal or secondary party) to an
offence that has been committed.

 That, at the time of receiving, comforting or assisting that person (person
A), the accessory (person B) knows that person (person A) was a party to
the offence.

 That the accessory (person B) received, comforted or assisted that person
(person A) or tampered with or actively suppressed any evidence against
that person (person A).

 That, at the time of the receiving, comforting or assisting etc, the
accessory’s (person B) purpose was to enable that person (person A) to
escape after arrest or to avoid arrest or conviction.

Question 2

Knowledge
must exist at
the time
assistance given - EXPLAIN

Answer 2

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

 an offence has been committed, and

 the person they are assisting was a party (principal or secondary) to that
offence.

Where this knowledge comes about after the assistance has been given they
are not liable as an accessory.

Question 3

A person is considered wilfully blind in only two situations, these being:

Answer 3

1. where the person deliberately shuts their eyes and fails to inquire; this is
   because they knew what the answer would be, or
2. in situations where the means of knowledge are easily at hand and the
   person realises the likely truth of the matter but refrains from inquiring in
   order not to know.

Question 4

Actus reus of
an accessory
after the fact - what are the five acts

Answer 4

The intentional acts are:
 receives
 comforts
 assists
 tampers with evidence
 actively suppresses evidence.

Question 5

Elaborate on Actus Reus of Accessory After the Fact

the accessory must do a deliberate….

Answer 5

The accessory must do a deliberate intentional act, with the purpose of assisting the person to evade justice in one of the
three ways in s71(1) – escape after arrest, avoid arrest, or avoid conviction.
They must also posses the knowledge, as discussed above.

Question 6

Elaborate on Receiving or Comforting

Answer 6

Harbouring an offender or offering them shelter can be considered receiving
and/or comforting, eg hiding a prison escapee in a basement.

Comforting encompasses situations where an accessory provides an offender
with things such as food and clothing.

Question 7

Define Assisting

Answer 7

To assist covers a significant number of situations: providing transport, acting
as a look out, identifying someone willing to purchase stolen property as a
receiver, deliberately providing authorities with false information as to an
offender’s whereabouts. Giving advice, information, material or services to
the offender is also captured.

Question 8

Define Tampers (in terms of Tampering With Evidence)

Answer 8

Tampers means to alter the evidence against the offender.