Set out below is a hypothetical scenario which raises a number of issues relating to the criminal responsibility of a specific person or people. Your task is to identify the relevant law/relevant cases and assess the relevant issues that may affect criminal liability in this scenario. Assume that everything occurs in NSW.

Scenario:

Mike and Rachel's house has recently been broken into. The only item that was taken was Rachel's laptop. The laptop has a silver outer case and is HP brand.

A few days after the burglary, Rachel is out at the pub for dinner with friends. After dinner and a few drinks Rachel leaves her friends and starts to walk home at about 10pm.

Walking down the street, Rachel sees Donna coming from the opposite direction. Donna is Mike's ex-partner and Rachel hates her. Rachel believes that Donna has been spreading malicious rumours about her.

Rachel increases her pace and heads straight for Donna. Donna sees her coming and stops walking. The two women are now approximately two metres apart.

Rachel yells:

What the hell have you been saying about me?

Donna replies:

Only the truth, it's not my fault that you're a stupid liar!

Rachel moves forward and shoves Donna in the chest with both of her hands. Donna falls back onto the ground. A silver HP laptop slides out of Donna's backpack, along with headphones that are plugged into the laptop.

Rachel yells:

Are you kidding me? You broke into our house? You psycho! That's it, I'm taking my laptop back.

Rachel picks up the laptop with headphones attached and storms off.

The laptop was in fact not Rachel's, but rather a different silver HP laptop owned by Donna.

Rachel has been charged with both robbery under s 94(a) of the Crimes Act 1900 (NSW) and steal from person under s 94(b) Crimes Act 1900 (NSW). You are her lawyer. Should she plead guilty or not guilty to each charge?

Note: The actus reus and mens rea need to be identified (separately) for both robbery and stealing in order to answer this:

ROBBERY

Actus Reus

Taking and carrying away

Something capable of being stolen

From the person of another

Against the will of the person

Either by force or by putting the person in fear

Mens Rea

Intention to permanently deprive the true owner of the property in the thing

Without an honest claim of right

STEALING

Actus Reus

Taking and carrying away

Something capable of being stolen

From the person of another

Without consent

Mens Rea

Intention to permanently deprive the true owner of the property in the thing

Without an honest claim of right