Question: Scenario A A man loaded live and dummy shells into a shotgun. He then pointed it at his friend and said, Let's play Russian roulette.
Scenario A
A man loaded live and dummy shells into a shotgun. He then pointed it at his friend and said, "Let's play Russian roulette. Who's going to go first?" and pulled the trigger. The shot was a live round, and it killed his friend.
Scenario B
A police officer heard gunshots and saw people running. At the scene, the police officer and the defendant moved back and forth between cars while the defendant pointed a gun at the officer. When the defendant eventually put the gun down, it was found to be loaded. A "present ability" to carry out a threat was required.
Scenario C
A man walked into a bank and used another person's automated teller machine card to receive cash.
Scenario D
A woman tried to create a diversion so she could sneak into a public official's home during a party. She set fire to a pile of dry leaves, which in turn set fire to the official's house.
Instructions
- In separate paragraphs for each scenario, discuss
- What crime do you think would be most appropriate, and
- What mens rea requirement is required to be shown? Do you think it is proveable in this fact pattern?
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