Accesory After The Fact Flashcards Preview

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Flashcards in Accesory After The Fact Deck (16)
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1
Q

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

A

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

2
Q

What are the 3 elements?

A

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

3
Q

Explain knowing?

A

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.

4
Q

Simester and Brookbanks?

A
  • Knowing means knowing or correctly believing. The defendant may believe something wrongly but cannot know something that is false.
5
Q

R v Crooks?

A
  • Knowledge means actual knowledge or belief in the sense there is no real doubt that the person was a party to an offence
6
Q

R v Briggs?

A
  • Knowledge may also be inferred by wilful blindness or a deliberate act of not making enquires that would confirm the suspected truth.
7
Q

Person

A
  • Gender neutral proven by judicial notice or circumstantial evidence
8
Q

Explain Party plus section?

A

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

9
Q

What is an offence?

A
  • 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
10
Q

Explain receives, comforts or assists?

A
  • 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.
11
Q

Explain tampers with/actively suppresses evidence?

A
  • A deliberate act with evidence against the offender for the purpose of assisting them evade justice.
12
Q

Explain R v Mane?

A

R v Mane

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

13
Q

Explain avoid arrest or conviction? There must be an intention

A

Avoid arrest or conviction

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

14
Q

Explain escape after arrest?

A

Escape after arrest

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

15
Q

What 5 points needs be covered with knowing?

A
  • Knowing
  • Sinister and Brookbanks
  • R v Crooks
  • R v Briggs
  • Person
16
Q

What 2 points need to be covered with party?

A
  • Party S66(1) CA61

- Offence

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