At common law in NSW, the offence of accessory after the fact requires proof that the accused knew the precise offence committed by the principal offender; it is not sufficient to prove knowledge that the person harboured was guilty of some offence of unspecified nature. However, the proviso may be applied where the evidence overwhelmingly establishes such knowledge. The state of the law remains uncertain and NSW is alone among Australian jurisdictions in not having a statutory definition of the offence.
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