Mens Rea exercise PDF

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LAWS1021/JURD7121 Class 12 Actus Reus and Mens Rea Exercises – Miranda Feletar z5308510

Exercise 1. 1. Crimes Act s 61 – Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years. Table A Act Assaults Intent

Circumstance -

Consequence -

Act Assault

Mens Rea

Basic intent to move fist

Circumstance Without consent Knowledge or recklessness V not consenting to being hit

Consequence

Actus Reus

Actus Reus Mens Rea Table B

Crimes Act 1900 s 59 - 59 ASSAULT OCCASIONING ACTUAL BODILY HARM (1) Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years. (2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 7 years. 2. Actus Reus

Act Assault

Circumstance Without V consent

Mens Rea

Basic intent

Knowledge or recklessness V not consenting to being hit

Consequence Occasions actual bodily harm -

Crimes Act 1900 s 35(2) - 35 RECKLESS GRIEVOUS BODILY HARM OR WOUNDING (1) Reckless grievous bodily harm--in company A person who, in the company of another person or persons-(a) causes grievous bodily harm to any person, and (b) is reckless as to causing actual bodily harm to that or any other person, is guilty of an offence.

3. Actus Reus Mens Rea

Act Voluntary act of wounding General intent

Circumstance Without consent

Consequence Causing permanent or injury

Reckless with V not consenting to being hit

Crimes Act 1900 s 33(1)(a) - 33 WOUNDING OR GRIEVOUS BODILY HARM WITH INTENT (1) Intent to cause grievous bodily harm A person who-(a) wounds any person, or 4. Act

Circumstance

Actus Reus

Wounds

Without V consent

Mens Rea

General intent

Knowledge

Consequence Causing permanent injury -

Crimes Act 1900 s 113(1) - 113 BREAKING ETC INTO ANY HOUSE ETC WITH INTENT TO COMMIT SERIOUS INDICTABLE OFFENCE (1) A person who breaks and enters any dwelling-house or other building with intent to commit any serious indictable offence therein is guilty of an offence and liable to imprisonment for 10 years. 5.

Actus Reus Mens Rea

Act Voluntary act of breaking into a house General intent

Circumstance

Consequence

Without consent

-

Knowledge and recklessness

Intent -

Crimes Act 1900 s 18(1)(a) - 18 MURDER AND MANSLAUGHTER DEFINED (1) (a) Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years. 6. Actus Reus

Act Voluntary act of committing or omitting

Circumstance Without V Consent

Consequence Kill the V

to so something which casues the death of another Mens Rea

General intent (intent to hurt and kill V)

Knowledge

Recklessness and negligence

Crimes Act 1900 s 126 Cow Stealing - 126 STEALING CATTLE OR KILLING WITH INTENT TO STEAL

Whosoever-steals any cattle, or wilfully kills any cattle with intent to steal the carcass, or skin, or other part, of the cattle so killed, 7.

Actus Reus Mens Rea

Act Stealing or killing cattle/voluntary act Basic or general intent (either steal or stesl and kill)

Circumstance

Consequence

-

-

Knowledge /recklessness

Intent

Summary Offences Act 1988 s 4A - 4A OFFENSIVE LANGUAGE (1) A person must not use offensive language in or near, or within hearing from, a public place or a school. Maximum penalty: 6 penalty units.

(2) It is a sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had a reasonable excuse for conducting himself or herself in the manner alleged in the information for the offence. (3) Instead of imposing a fine on a person, the court: (a) may make a community correction order under section 8 of the Crimes (Sentencing Procedure) Act 1999 that is subject to the standard conditions of a community correction order and to a community service work condition (despite the offence not being punishable by imprisonment), or (b) may make an order under section 5 (1) of the Children (Community Service Orders) Act 1987 requiring the person to perform community service work, as the case requires. (6) However, the maximum number of hours of community service work that a person may be required to perform under an order in respect of an offence under this section is 100 hours. 8. Actus Reus

Act o\Offensive language

Circumstance Within a public place

Consequence -

Mens Rea

Basic intent

Recklessness

Summary Offences Act 1988 s 11F11F SALE OF KNIVES TO CHILDREN (1) A person who sells a knife to a child under the age of 16 years is guilty of an offence. Maximum penalty: 50 penalty units.

(2) It is a defence (proof of which lies on the person) to a prosecution for an offence under this section that the person selling the knife believed on reasonable grounds that the child was of or above the age of 16 years. (3) If an employee contravenes subsection (1), the employer is taken to have contravened that subsection, whether or not the employee contravened the provision without the employer's authority or contrary to the employer's orders or instructions. (4) It is a defence to a prosecution against an employer for such a contravention if it is proved: (a) that the employer had no knowledge of the contravention, and (b) that the employer could not, by the exercise of due diligence, have prevented the contravention. (5) An employer may be proceeded against and convicted under subsection (1) by virtue of subsection (3) whether or not the employee has been proceeded against or convicted under subsection (1). (6) The regulations may provide that this section does not apply to or in relation to any specified class or description of knife. 9. Act Actus Reus

Selling knife to child

Mens Rea

Basic intent

Circumstance When the child is under 16 Knowledge or recklessness

Consequence

Drug Misuse and Trafficking Act 1985 s 13 13 Administration of prohibited drugs to others

(1) A person who administers or attempts to administer a prohibited drug to another person is guilty of an offence. (2) Nothing in this section renders unlawful the administration or attempted administration of a prohibited drug to another person by— (a) a person licensed or authorised to do so under the Poisons and Therapeutic Goods Act 1966, or (b) a person authorised to do so by the Secretary of the Department of Health. (3) Nothing in this section renders unlawful the administration or attempted administration of a prohibited drug to a person for or to whom the prohibited drug has been lawfully prescribed or supplied. 10.

Actus Reus Mens Rea

Act Administering banned drugs to others Basic intent

Circumstance When administered is unlicensed Knowledge or recklessness

Consequence Injury to others -

Exercise 2. A woman walks into a bar. She is a police officer, but she is not in uniform. She walks up to the bar and asks another, whose face the officer recognises, for some ecstasy tablets. The bar attendant, overhearing the conversation, and incensed, says: "I will not have drug deals in my bar. Both of you get out and stay out." The officer was in the process of a "sting" (a controlled operation), the aim of which was the arrest of the drug dealer. The officer was acting in the execution of her duty. Discuss whether you think the bar attendant guilty of the offence of hindering a police officer in execution of her duty (Crimes Act s 546C)? Does it make a difference if the officer were in uniform? -

The actus reus was fulfilled as the bar attendant hindered the police officers actions however did not have the relevant mens rea of basic intent or general intent for the act to be carried out

Exercise 3. Identify the relevant actus reus and mens rea elements in the following scenarios: 1. Jeffery and Jenny decided to play a game of Russian Roulette in which they agreed to fire two shots each at the other from a six-shot revolver in which there was one bullet. They would spin the revolver’s cylinder before each shot. Jeffery died on the fourth shot from a bullet to the brain.

Actus Reus Mens Rea

Act Using a weapon to injure an individual Basic intent

Circumstance

Consequence Death of individual

Recklessness

-

2. A married couple, Jean and Damien, return by plan to Sydney after spending their honeymoon in Thailand. They travelled light and only have one bag between them. On arrival, the couple’s bag is searched by Australian Customs staff, who discover what appears to be 500 grams of heroin inside the lining of the bag. The couple are arrested, and both deny any knowledge of the heroin, although Jean says to Damien, “I told you not to let that hotel porter take our bag to the airport for us.”

Actus Reus

Act Drug smuggling

Mens Rea

Basic intent

Circumstance Across boarder Knowledge or recklessness

Consequence -

3. Two men decide they are going to protest against the president of another country who during the course of a short visit to Sydney will be attending an official function at the Opera House at 5pm on Friday evening. Their plan is to project paintballs onto the president’s car as it passes Circular Quay railway station. The paint will be red and is intended to symbolise the blood of those killed in a war in which the president’s country is involved. They realise that the area is likely to be busy at the time but are willing to take the risk. However, their plan doesn’t work as they had hoped. The president’s car is travelling too fast and they miss, but a number of commuters are splattered with paint. Another commuter also slips on some paint and badly injures himself. Undeterred, the two men decide they will place a bomb in the hotel where the president is staying. The security is too tight to get near the president’s room, so they leave it in a bag in the foyer. The bomb explodes and kills three members of the hotel staff. After the explosion, the men send a message to a local radio station which reads: “Our target was the imperialist warmonger hiding out in the penthouse suite, not the innocent members of staff. They were the regrettable collateral damage in this incident”.

Offence: common assault (paint thrown on commuters)

Actus Reus Mens Rea

Act Assault (e.g. slipping on paint) General intent (consequence of people being hurt)

Circumstance Without consent Knowledge or recklessness

Consequence Injury Intent to hurt the president

Offence: homicide (murder) X 3 Actus Reus Mens Rea Exercise 4.

Act Using a bomb to kill General intent

Circumstance Knowledge/recklessness

Consequence Injuring Intent to hurt

In the following situations for the identified issue, identify the relevant burden of proof, who bears that burden and the standard to which that burden must be proved: 1. Archie is charged with assault after spitting coffee all over the passenger sitting next to him on his morning commute. Archie was listening to a podcast and just as he took a sip of coffee, the hosts delivered a punchline that made Archie laugh out loud. Archie argues his act of spitting was involuntary.

Issue: Voluntariness Party Prosecution Defence

Burden of Proof (if any) Burden of proof

Standard of Proof Beyond reasonable doubt

2. Gus is charged with murder and seeks to raise the defence of mental illness. This is a true legal defence, meaning that the prosecution has proved the elements of the actus reus and mens rea beyond legal doubt and it is up to Gus to establish the elements of mental illness.

Issue: Elements of Mental Illness Party Burden of Proof (if any) Prosecution Defence Burden of Proof

Standard of Proof Beyond reasonable doubt

3. Karen is charged with larceny after ‘rescuing’ the French bulldog she believes her ex-partner was unfairly withholding from her.

Issue: Elements of Larceny Party Prosecution Defence

Burden of Proof (if any) Burden of proof -

Standard of Proof Beyond reasonable doubt -...