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Flashcards in Accessory after the facr Deck (17):
1

Accessory after the fact
Section
Act
Penalty
Ingredients

Section: 71(1)
Act: Crimes Act 1961
Penalty: Under 10 years = 1/2 penalty
10 years or more = 5 years
Life imprisonment = 7 years max

Ingredients
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 him
3. In order to help him to escape after arrest OR to avoid arrest or conviction

2

Ingredients - definitions and case law
Knowing any person to be a party to an offence

1. knowing
2. Knowledge
3. R V Crooks
4. R V Briggs
5. Person
6. Party
7. offence
8. defence

3

Ingredients - definitions and case law
Receives, comforts or assists that person OR tampers with or actively suppresses any evidence against him

1. Receives, comforts or assists OR tampers with or actively suppresses any evidence

4

Ingredients - definitions and case law
In order to help him to escape after arrest OR to avoid arrest or conviction

1. R V Mane
2. The act must have specifically.....

OR

1. Evades justice

5

Knowing

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

6

knowledge

Knowing means knowing or correctly believing
Simester and Brookbanks
The defendant may believe something wrongly, but cannot know something that is false

7

Person

Gender neutral, proven by judicial notice or circumstantially

8

party

Defined as being anyone 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 procures any person to commit the offence
Section 66(1), Crimes Act 1961

9

offence

An act or omission that is punishable that is punishable on conviction under any enactment and demarcated into four categories

10

Challenge (to accessory after the fact)

A person charged with being an accessory after the fact is entitled to insist on proof of the principle crime and to challenge the evidence of it even if the principle offender has pleaded guilty

11

Receives/comforts or assists

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

12

tampers with/actively suppresses evidence

must do a deliberate act in relation to evidence against the offender for the purpose of assisting the person to evade justice. the act must actually help the person

13

the act must have specifically....

the act must have specifically assisted the offender after they had been arrested

14

evade justice

All acts must be done by accused with the express intention that the person evades justice either by avoiding arrest or conviction

15

R V Mane

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

16

R V Briggs

Knowledge may also be inferred from willful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth

17

R V Crooks

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