A woman spots a man entering into her neighbours house while her neighbour is away. She...

A woman spots a man entering into her neighbours house while her neighbour is away. She calls police and the suspect is accused of burglary. There appears to be actus reus here in that the accused entered the house. What are the possible defences can a lawyer raise here? (list at least 5 possibilities and explain how they relate to mens rea)

Expert Solution

Five defenses that the lawyer can raise are:

The accused had taken prior permission from the owner of the house to enter the house. In this case mens rea is absent as the accused may have entered the property for some reason known to the owner.
The accused has been trapped in the building by some other individual hence he has no criminal intentions. In such case the accused will not have mens rea but the person who is guilty of trapping him will be guilty of charges.
The accused was under the influence of alcohol or any other intoxicant and entered the building unintentionally. In this case mens rea is absent.
The accused is not of sound mind and hence there was no criminal intention behind the act. Mens rea is absent.
Misdemeanor desposition. The accused has no previous history of criminal acts and there has not been any damage to property or individual. In this case mens rea is present as the accused had planned to enter the house intentionally.

Amanda K answered 1 year ago

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