A mere failure to report an offence to police does not constitute the offence of being an accessory after the fact to murder under s 347 of the Crimes Act 1900 (NSW); the offence requires active steps to assist the principal offender. However, silence associated with acts of active assistance may be taken into account in assessing objective seriousness, and silence that has the propensity to mislead an investigator may constitute the offence provided other elements are made out. R v Waters [1999] NSWSC 893 should not be followed insofar as it held that non-disclosure alone could establish accessorial liability.
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