Two friends Carl and Jessica go out drinking for the night and in doing so consume large amounts of alcohol.

Question

Two friends Carl and Jessica go out drinking for the night and in doing so consume large amounts of alcohol. They both stop drinking only after running out of money, so they leave the bar to find another source of booze. On their walk, they pass by a closed convenient store. They notice wine coolers in the window of the store and decide to break in with the intention to take the wine coolers and also check to see if the cash register contains money. To break in, they use a garbage can and smash the store window, shattering glass everywhere. The minute they enter the store, a loud alarm system goes off and police arrive and catch Carl and Jessica in action.

What is the actus reus in this case?
What is the mens rea?
What are some factors that need to be considered with regards to the crime that took place and the accused?
Identify any physical evidence that may be present (it does not have to be stated in the scenario)
What crime was committed?
Identify a defence that could be raised and explain why.
What sentence would you impose and what would the aim(s) of your sentence be?

Answer 1

Actus Reus:

1. The actus reus in this case is the physical act of breaking into the closed convenience store, which involves smashing the store window with a garbage can, entering the store, and attempting to take wine coolers and check the cash register.

Mens Rea:

1. The mens rea involves the intent to commit theft and break into the store. The fact that they decided to break in and check the cash register indicates a criminal intention.

Factors to Consider:

1. Factors to consider include the level of intoxication, whether this is a first-time offense, the extent of damage caused during the break-in, and any prior criminal history of Carl and Jessica.

Physical Evidence:

1. Physical evidence may include the shattered glass from the broken store window, any tools used for breaking in, fingerprints, and surveillance footage if available.

Crime Committed:

1. The primary crime committed is breaking and entering (burglary) with the intent to commit theft. Additionally, there may be charges related to property damage.

Possible Defense:

1. One possible defense could be intoxication, arguing that Carl and Jessica were not in control of their actions due to the influence of alcohol. However, voluntary intoxication is not always a valid defense.

Sentence and Aim:

1. The sentence would depend on jurisdictional laws, the severity of the offense, and any previous criminal history. Possible aims of the sentence could include rehabilitation, deterrence (both specific and general), and protecting society from potential harm caused by the individuals. The sentence should consider a balance between punishment and rehabilitation.