Actus Reus and Mens ReaOnline version This activity is designed to help you understand the difference between the concepts of actus reus and mens rea. by Ashley Peckford 1 While browsing in a CD store, Rasheed ran into a friend from his old school. They decided to get a coffee. As they left the store, Rasheed forgot that he had a CD he was considering buying under his arm. Identify the actus reus (guilty act). a Browsing in a CD store b Leaving the store without paying for the CD c Forgetting that he was holding a CD 2 While browsing in a CD store, Rasheed ran into a friend from his old school. They decided to get a coffee. As they left the store, Rasheed forgot that he had a CD he was considering buying under his arm. Identify the mens rea (criminal intent). a Forgetting that he had a CD under his arm b Leaving the store without paying for the CD c No criminal intent exists in this scenario 3 In line for a concert, a friend asked Chanice to hold her bag while she went to the bathroom. A drug dog stopped in front of Chanice. The police searched the friend’s bag and found a small bag of cocaine. Chanice was charged with possession of a narcotic. Identify the actus reus (guilty act). a The drug dog stopping in front of her b Holding her friend's bag c Being in possession of illegal narcotics 4 In line for a concert, a friend asked Chanice to hold her bag while she went to the bathroom. A drug dog stopped in front of Chanice. The police searched the friend’s bag and found a small bag of cocaine. Chanice was charged with possession of a narcotic. Identify the mens rea (criminal intent). a Holding her friend's bag b No criminal intent exists in this scenario c Being in possession of illegal narcotics 5 Sophie baby-sits the neighbour’s kids everyday after school, sometimes driving them to soccer in the family car. After dropping them off one day, she decides to watch their practice. Sophie leaves the dog in the car for a few hours even though it’s 35 degrees C outside. Before the end of the game, someone walks by, notices the distressed dog, and calls the police. Identify the actus reus (guilty act). a Watching the kids' soccer practice b Leaving the dog in the car for hours c The passer-by noticing the distressed dog 6 Sophie baby-sits the neighbour’s kids everyday after school, sometimes driving them to soccer in the family car. After dropping them off one day, she decides to watch their practice. Sophie leaves the dog in the car for a few hours even though it’s 35 degrees C outside. Before the end of the game, someone walks by, notices the distressed dog, and calls the police. Identify the mens rea (criminal intent). a Purposefully leaving the dog in the car despite knowing the hot temperature is dangerous b Watching the kids' soccer practice c There is no criminal intent in this scenario 7 Max was charged with assault after he lost his temper in a restaurant. He felt the bill was unfair. He slammed his fist down on the table and a glass flew off, hitting a customer at the next table and cutting his cheek just below the eye. Identify the actus reus (guilty act). a Losing his temper b Slamming his fist on the table causing the glass to go flying c Believing the restaurant bill was unfair 8 Max was charged with assault after he lost his temper in a restaurant. He felt the bill was unfair. He slammed his fist down on the table and a glass flew off, hitting a customer at the next table and cutting his cheek just below the eye. Identify the mens rea (criminal intent). a There is no criminal intent in this scenario b Losing his temper c Slamming his fists on the table 9 Brandon was on his way into the beer store when a woman asked him if he would mind buying her a six-pack of beer while she stayed outside with her dog. He said sure and accepted her money. Once in line he thought that she looked a little young, but bought her the beer anyway. Identify the actus reus (guilty act). a Accepting the young woman's money b Buying the beer for the young woman c Walking into the beer store 10 Brandon was on his way into the beer store when a woman asked him if he would mind buying her a six-pack of beer while she stayed outside with her dog. He said sure and accepted her money. Once in line he thought that she looked a little young, but bought her the beer anyway. Identify the mens rea (criminal intent). a Accepting the young woman's money b Choosing to purchase the beer even after thinking she looked too young c Buying alcohol for the young woman 11 Carmen comes to work one Tuesday feeling really sick. She’s recovering from a particularly bad flu and after a few hours at work, she decides she needs to go home because she’s really tired. Carmen gets into her car and starts driving but she’s having a hard time focussing on the road because she’s so tired. A police officer driving behind her notices she is weaving across driving lanes. Just before he stops her Carmen falls asleep at the wheel and drives into a ditch. Luckily, no one is seriously hurt. Identify the actus reus (guilty act). a Going to work while sick with the flu b Driving into a ditch c Getting into her car and driving 12 Carmen comes to work one Tuesday feeling really sick. She’s recovering from a particularly bad flu and after a few hours at work, she decides she needs to go home because she’s really tired. Carmen gets into her car and starts driving but she’s having a hard time focussing on the road because she’s so tired. A police officer driving behind her notices she is weaving across driving lanes. Just before he stops her Carmen falls asleep at the wheel and drives into a ditch. Luckily, no one is seriously hurt. Identify the mens rea (criminal intent). a Having a hard time focussing on the road b No criminal intent exists in this scenario c Intentionally choosing to drive despite being extremly tired
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