Reference no: EM133362453

Case Study: Musa, Saina, and Hassan are employees of Punguza Gym as instructors. They have been having a problem with Sonia the manager, who recently served them letters of notice to terminate their employment. They hatched a plan to confront Sonia and "teach her a lesson".

They organized with Viola, the receptionist to inform them of Sonia's movements. They were able to persuade Viola because she was unhappy with what she considered Sonia's highhandedness. On 2nd January 2023, they went to gym at closing time and were let in by Viola before she left for home and waited until all the members had left. They knew that Sonia was usually the last to leave after going round to ensure everything was in place. With the help of Viola, they hid in one of the storage spaces in the male changing room and waited for Sonia. Unknown to them, Otis a member of the club had not left the gym and was in the changing room. As soon as Sonia came in, they descended on her with accusations of discrimination and unfairness a heated argument ensued which attracted the attention of Otis, who upon coming out and seeing the commotion rushed out and frantically tried to make a call on his phone. Saina rushed to him, grabbed the phone, and threw it out of the window smashing it into pieces. Annoyed at seeing his expensive iPhone smashed to pieces, Otis slapped Saina on the face leaving him bleeding profusely, he then ran out and alerted the security personnel outside the building. Meanwhile Musa pushed Sonia towards the toilet whereupon she slipped and fell due to the wet floor and suffered serious head injuries. Hassan, on the other hand developed cold feet and felt that his religion did not allow him to attach a woman, so he had quietly slipped out as the melee commenced.

Musa and Saina were apprehended at the scene and after investigations Hassan and Viola have been arrested, Saina has also lodged a complaint based on the injuries sustained from Otis's slap. Unfortunately, on the 5th of January 2023, Sonia succumbed to the injuries and died.

You are the Advisor to the Prosecuting Counsel.

Question: Write an advisory to the Prosecuting Counsel on the general elements of mens rea and actus reus of all the 4 arrested persons as well as any possible defences.