Unit 3

CLU3M

Name:

Understanding Actus Reus and Mens

Rea Assignment
Read the following cases and fill in the actus reus and mens rea chart.

Case 1
Bernard was found guilty of sexual assault causing bodily harm. He admitted that he had
committed the assault but stated that he was too drunk to know what he was doing. The victim
agreed that Bernard had been drinking. He had beaten her with his fists and threatened to kill
her prior to the assault. Medical evidence showed that her eyelids had been badly cut. A friend
of the accused stated that although he had been drinking and loud, he was in control of
himself.

Case 2
Arsenault was beaten to death during a fight at Restigouche. Several people were involved in
the fight. They had all consumed large amount of alcohol. The accused, Eugene Isaac, was
one of at least two men who had hit the deceased on the head. Head injuries were the cause of
death. Isaac was charged with second-degree murder.

Case 3
Wallace was charged with theft of goods valued at under $5000. He had gone to a grocery
store and wanted to buy meat. He thought the meat was overpriced so he removed the tag
stating it cost $6.06 and replaced it with a tag for $3.31. He then went to the cashier and paid
for the meat. He was apprehended by the security guard outside the store and charged with
attempted theft.

Case 4
Sloan attempted to steal from a British Columbia bank pretending his finger was a weapon. He
was charged with attempted robbery.

Case 5
Fagan accidentally drove his car onto a police officers foot and turned off the ignition. The
officer ordered him to move his car, but Fagan left it where it was for some time before he finally
started the car and backed off. He was charged with assaulting the officer.

Case 6
White purchased cyanide and placed it in his mothers wineglass. His mother died. He
inherited a large sum of money. Forensics revealed cyanide in the wineglass, but not enough to
cause death. There was no cyanide at all in Mrs. Whites body. She had died of a heart attack.

Understanding Actus Reus and Mens Rea Assignment

Unit 3

CLU3M

Name:

Case No.

Charge

Actus Reus

Mens Rea

You be the Judge: Finding

Case 1: Bernard

Sexual assault
causing bodily
harm

Application of force: admission,

beat with fists, sexual nature,
lasting harm (eyelids badly cut)

Knowledge: had been drinking

(too drunk), friend said he was
in control

Probably guilty. The most

reliable evidence is the
evidence of his friend because
he was there and had no
reason to lie, his evidence tends
to eliminate all doubt.

Charge

Actus Reus

Mens Rea

You be the Judge: Finding

Case 2: Arsenault

Case 3: Wallace

Case No.

Understanding Actus Reus and Mens Rea Assignment

Unit 3

Case 4: Sloan

Case 5: Fagan

Case 6: White

Understanding Actus Reus and Mens Rea

CLU3M

Name: