Accessories

Question 1

What needs to be proved in the offence of accessory after the fact?

Answer 1

• That the person who is received, comforted or assisted by the accessory is a party to an offence.
• That, at the time of receiving, comforting or assisting that person the accessory knows that person was a party to the offence.
• That the accessory received, comforted or assisted that person or tampered with or actively suppressed any evidence against that person.
• That, at the time of the receiving, comforting or assisting etc, the accessory’s purpose was to enable that person to escape after arrest or to avoid arrest or conviction.

Question 2

What is the statutory limitation imposed under Crimes Act 1961, Section 71(2)?

Answer 2

You cannot be charged with being an accessory after the fact to your spouse, or your spouse and another party (this when they work in concert). This same limitation applies to those in a civil union.

Question 3

Discuss ‘knowledge’ in ‘knowing any person to be a party to an offence’.

Answer 3

Knowing
The accused must have knowledge that the person that they are being an accessory to was a party to an offence at the time of assisting them.

Simester and Brookbanks
Knowing means knowing or correctly believing. The defendant may believe something wrongly, but cannot 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. Mere suspicion of their involvement in the offence is insufficient.

R v Briggs
Knowledge may also be inferred from wilful blindness or a deliberate abstention from making inquiries that would confirm the suspected truth.

Question 4

What are the five intentional acts that a person may do to be an accessory after the fact?

Answer 4

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

Question 5

What are the three possible intents contained within the statute?

Answer 5

• escape after arrest
• avoid arrest
• avoid conviction

Question 6

Outline the penalties for accessories.

Answer 6

Max punishment for offence is life: max 7 yrs
Max is 10+ yrs: max 5 yrs
Otherwise no more than half the max punishment

Question 7

What are three examples of circumstantial evidence from which the offenders intent may be inferred?

Answer 7

• actions and words before, during and after
• surrounding circumstances
• nature of act itself

Question 8

Define person.

Answer 8

Gender neutral. Proven by judicial notice or circumstantially

Question 9

Define party.

Answer 9

S66(1), CA 1961
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

Question 10

Define accessories as it is in legislation, including act, section etc.

Answer 10

s71(1), CA 1961
An accessory after the fact to an offence is one who, knowing any person to have been a party to the offence, receives, comforts, or assists that person or tampers with or actively suppresses any evidence against him, in order to enable him to escape after arrest or to avoid arrest or conviction.

Question 11

Discuss ‘offence’ in ‘knowing any person to be a party to an offence’.

Answer 11

Offence
Any act or omission that is punishable on conviction under any enactment and are demarcated into four categories.

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

Question 12

Discuss the element receives, comforts or assists that person.

Answer 12

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 13

Discuss the element tampers with or actively suppresses any evidence against him.

Answer 13

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

Question 14

Discuss the element in order to help him to escape after arrest.

Answer 14

R v Mane
To be considered an accessory the acts done by the person must be after the completion of the offence.

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

Question 15

Discuss the element to avoid arrest or conviction.

Answer 15

All acts must be done by the accused with the express intention that the person EVADES JUSTICE either by avoiding arrest or conviction.