Flashcards in Accessory After The Fact Deck (13):
7 years (for life imprisonment offences)
5 years (for offences imprisonable by 10years+ )
1/12 penalty (of the offence if less than 10 years)
1) Knowing any person to be a party to an offence
2) Receives, comforts or assists that person
Tampers with or actively suppresses any evidence
3) In order to enable him to escape after the arrest
to avoid arrest or conviction.
The accused must have knowledge that the person he is assisting was party to an offence at the time of assisting them.
Simester and Brookbanks : Principles of Criminal Law
Knowing means "knowing or correctly believing". The defendant may believe something wrongly but can not know something that is false.
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.
R v Briggs
Knowledge may also be inferred from wilful blindness or a deliberate abstention from making enquires that would confirm the suspected truth.
Gender neutral. Proven by judicial notice or circumstantial evidence.
Party - 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.
Any act or omission that is punishable on conviction under any enactment, and are demarcated into four categories:
A person being charged with being an accessory after the fact is entitled to insist on proof of the principal crime and to challenge the evidence of it even if the principal offender has pleaded guilty.
Receives / Comforts / 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.
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.
R v Mane
To be considered an accessory, the acts done by the person must be after the completion of the offence.