Jora, Manny (the two accused) and Dudd (the victim) are acquaintances who on regular occasion gather in Jora’s apartment to use drugs. Jora and Manny suspect that Dudd has stolen few items f
Jora, Manny (the two accused) and Dudd (the victim) are acquaintances who on regular occasion gather in Jora’s apartment to use drugs. Jora and Manny suspect that Dudd has stolen few items from Jora’s home and sold them to support his drug addiction. When Dudd was confronted by Jora and Manny, he denied the allegations of theft and contended that he never stole anything from Jora’s apartment. He stated that the money he buys drugs with comes from his contract employment. At some point Jora’s suspicion grows to a point that he becomes adamant about Dudd stealing from him, so he informs Manny that they need to do something about this problem. On March 20th, according to the witness’s testimony (Jora’s girlfriend who was at the apartment during the incident) Jora and Manny confronted Dudd again, but this time Jora attacked Dudd by throwing punches and beating Dudd badly while Manny assisted at times. The beating went on for about thirty minutes during which Dudd continued to contend that he never stole anything from them. As result of beating and assaults, Dudd sustains several severe injuries, and his lifeless body was taken to the basement by both men. According to Anie (the witness and Jora’s girlfriend) Dudd was still alive when he was taken to the basement. He was hog-tied and was left in the basement alone. Manny left the apartment soon after but before leaving he went to the basement (by himself, without Jora) and shoved a sock in the victim’s mouth. The victim was left for hours in this condition and sometimes in the middle of the night Anie goes to the basement to check on Dudd and soon realizes that Dudd was not breathing. She calls 911 and police and paramedic arrive shortly but unfortunately could not revive Dudd. He is pronounced dead. The autopsy results shows that the victim died of multiple causes such as hemorrhage (bleeding) to the brain area and asphyxiation. The victim had broken ribs and jaws, shattered nose, and several contusions on his body. Jora’s lawyer argues that it was Manny who caused the death by shoving the sock in the victim’s mouth. Manny’s lawyer argues that it was Jora who inflict most of the injuries by beating the victim non-stop. What are the charges against Jora and Manny (same charge for both)? What does the Crown must prove to obtain convictions for both men who argue against their charges? As a part of your answer identify and define actus reus and mens rea. Define your concepts and analyze the case by referring to the fact of the case to support your arguments from standpoint of Crown prosecutor.
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