Accesory After The Fact

Question 1

What is act, section and penalty for Accessory after the fact?

Answer 1

S71(1) CA61
under 10 offences = half
10yrs or more= 5 yrs
Life = 7 yrs

Question 2

What are the 3 elements?

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 that person
3 - To enable that person to escape after arrest
OR
to avoid arrest or conviction

Question 3

Explain knowing?

Answer 3

Knowing
- The accused must have knowledge that the person that they are being accessory for was a party to an offence at the time of assisting them.

Question 4

Simester and Brookbanks?

Answer 4

• Knowing means knowing or correctly believing. The defendant may believe something wrongly but cannot know something that is false.

Question 5

R v Crooks?

Answer 5

• Knowledge means actual knowledge or belief in the sense there is no real doubt that the person was a party to an offence

Question 6

R v Briggs?

Answer 6

• Knowledge may also be inferred by wilful blindness or a deliberate act of not making enquires that would confirm the suspected truth.

Question 7

Person

Answer 7

• Gender neutral proven by judicial notice or circumstantial evidence

Question 8

Explain Party plus section?

Answer 8

Party- S66(1)CA61
Any person who:
- Commits the offence
- does or omits an act for the purpose of aiding any person to commit the offence
- abets any person in the commission of the offence
- incites, counsels, or procurers any person to commit the offence

Question 9

What is an offence?

Answer 9

• Any act or omission that is punishable on convictions under any enactment and are divided into 4 categories
• A person charged with being an accessory after the fact is entitled to proof of the main offence and challenge the evidence of it even if the offender has pleaded guilty

Question 10

Explain receives, comforts or assists?

Answer 10

• The accused does a deliberate act for the purpose of assisting the person to evade justice. The act must help the person in some way.

Question 11

Explain tampers with/actively suppresses evidence?

Answer 11

• A deliberate act with evidence against the offender for the purpose of assisting them evade justice.

Question 12

Explain R v Mane?

Answer 12

R v Mane

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

Question 13

Explain avoid arrest or conviction? There must be an intention

Answer 13

Avoid arrest or conviction

- The acts must be done with the intention the person evades justice either by avoiding arrest or conviction.

Question 14

Explain escape after arrest?

Answer 14

Escape after arrest

- The act must assist the offender after they had been arrested.

Question 15

What 5 points needs be covered with knowing?

Answer 15

• Knowing
• Sinister and Brookbanks
• R v Crooks
• R v Briggs
• Person

Question 16

What 2 points need to be covered with party?

Answer 16

• Party S66(1) CA61

- Offence