Accessory After The Fact

Question 1

Penalty

Answer 1

7 years (for life imprisonment offences)

5 years (for offences imprisonable by 10years+ )

1/12 penalty (of the offence if less than 10 years)

Question 2

Ingredients

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

3) In order to enable him to escape after the arrest
OR
to avoid arrest or conviction.

Question 3

Party

Answer 3

Sec 66(1) Crimes Act 1961

(1)Everyone is party to and guilty of an offence who:

a) Actually commits the offence; or
b) Does or omits an act for the purpose of aiding any person to commit the offence; or
c) Abets any person in the commission of the offence; or
d) Incites, counsels or procures any person to commit the offence.

Question 4

Receives / Comforts / Assists

Answer 4

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.

Question 5

Tampers with / Actively Suppresses Evidence

Answer 5

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.