On the trial of an accessory after the fact (or assister under s.325 of the Crimes Act 1958), the commission of the principal offence cannot be proved against the accessory by admissions or confessions made by the principal offender to third parties, as these are inadmissible hearsay against the accessory. The rule in R v Dawson, permitting proof of the principal's conviction as prima facie evidence, is confined to actual convictions and does not extend to joint trials where the jury's satisfaction of the principal's guilt rests on evidence admissible only against the principal. Prosecutors should consider alternative charges (such as perverting the course of justice) where the only evidence of the principal offence consists of the principal's admissions.
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