Accessory After the Fact Test

Question 1

What are the intention acts, or actus reus, of accessory?

Answer 1

• receives
• comforts
• assists
• tampers with evidence
• actively suppresses evidence

Question 2

What needs to be proved for accessory after the fact?

Answer 2

The elements of the offence of accessory after the fact are:
- That the person (person A), who is received, comforted, or assisted by the accessory (person B) is a party (principal or secondary party) to an offence that has been committed.
- That, at the time of receiving, comforting, or assisting that person (person A), the accessory (person B) knows that person (person A) was a party to the offence.
- THat the accessory (person B) received, comforted, or assisted that person (person A) or tampered with or acrively suppressed any evidence against that person (person A).
- That, at the time of receiving, comforting, or assisting etc., the accessory’s (person B) purpose was to enable that person (person A) to escape after arrest or to avoid arrest or conviction.

Question 3

Spouse/civil union partner exceptions

Answer 3

Prior to the Crimes Amendment Act 2019 specific statutory limitations were imposed under S71(2).

These limitations still apply to offences committed prior to the Crimes Amendment Act 2019, however the section is no longer covered in statute post its repealed date.

Question 4

What was held in R v Crooks in relation to knowledge

Answer 4

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. Mere suspicion of their involvement in the offence is insufficient.

Question 5

Knowing any person to have been a party to an offence

Answer 5

Knowing means knowing, or correctly believing… the belief must be a correct one, where the belief is wrong a person cannot know something:

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. Mere suspicion of their involvement in the offence is insufficient.

Question 6

Interviewing an accessory, what knowledge must an accessory possess?

Answer 6

At the time of the assistance being given, an accessory must possess the knowledge that:
- an offence has been committed, and
- the person they are assisting was a party (principal or secondary) to that offence.

Where this knowledge comes about after the assistance has been given they are not liable as an accessory.

Question 7

Matt committed crime, goes to girlfriend and tells her, she receives him and hides him from Police, her liability?

Answer 7

Accessory after the fact

Question 8

Guy kills someone, lies to flatmate and asks her to get rid of clothes, she throws away, next day he comes clean and tells her the truth

Answer 8

Flatmate cannot be charged with accessory after the fact or a party as she did not possess any knowledge at the time of assistance being given.