Mens Rea and Actus Reus (1 Viewer)

[speedybeatle]

If anyone can help me with this it would be great

How are Mens Rea and Actus Reus present in accessory before the fact and accessory after the fact?

 

[goan_crazy]

ok well firstly there are 4 parties to a crime
they are:
1.Principle in the first degree-person who actually commit the main offence
2.Principle in the second degree-person who was present, assisting in committing the offence
3.Accessory before the fact-person who helped plan the offence but were not there when it occurred
4.Accessory after the fact-person who knowing about the crimes, helped the offender afterwards

and the definitions of actus reus and mens rea are as follows:
Actus Reus-the guilty act- the criminal action.
Mens Rea-the guilty mind. Mental element of a crime. Proved by intention, recklessness

so in response to your question: How are Mens Rea and Actus Reus present in accessory before the fact and accessory after the fact?
the person who helped plan the offence has the mens rea in accessory before the fact as they take a part in helping plan out the crime
the person who knew about the crimes and helped the offender afterwards has both actus reus and mens rea as they are actually aware of it happening and assisting

hope that helped

 

[Justin]

If anyone can help me with this it would be great

How are Mens Rea and Actus Reus present in accessory before the fact and accessory after the fact?

Mens Rea: Guilty thought.
Actus Reus: Guilty act.

accessory before the fact:
The 'guilty thought' component is found in deciding how you can help to CREATE the offence, the 'guilty act' component is found in actually DOING it.. For instance, you have the INTENTION to give Jim some lab equipement to make drugs (guilty thought) and actually GIVING him the equipment is the 'guilty act' component.

accessory after the fact:
The 'guilty thought' component is found in knowing that you are helping Kate escape from the scene of the armed robbery, and that you did that action of driving the car away with the specific intention of getting her away from the scene creates the 'guilty act'.

Without both elements (and causation) a conviction cannot take place.

for instance:
Kate tells you that at 4 o'clock she needs to be picked up from shopping. You pick her up. What you didn't know, was that she had just robbed the bank of thousands of dollars. Did you have any guilty thought (or the Mens rea component?) No, so you aren't guilty in the accessory after the fact role.

 

[speedybeatle]

Thanks for the help your explanations have made these concepts alot clearer for me