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Underground Tunnel to Upper Canada Mall

by on May 23, 2013

On May 1st, 2012 Duane Oppenheimer was charged with mischief and unlawful excavation for making a tunnel that led from his house to Upper Canada Mall. Oppenheimer who was a retired steel worker made the tunnel so that he could get from his house to the mall without taking a car or without trying to cross Davis Drive while traffic was flowing. The tunnel was being used for two years before the maintenance people from the mall noticed the hatch door that came out of the utility closet. When the police officers and security guard went to go inspect the tunnel they found that it was made very well with support beams and good ventilation. Inside of the tunnel Oppenheimer had put up emergency procedures, his cell phone number, and a supply of candles throughout the tunnel. On of the officers who walked through the tunnel said “They seem to have thought of just about everything, except the law. The mall officials and police are now discussing whether they should fill it in, or make it a real entrance and let all of the public use it.

Questions

  1. Do you think that Oppenheimer should be charged with mischief?
  2. Do you think that the mall officials should make the entrance open to the public or fill it in with concrete? Why?
  3. The mall thinks that leaving the tunnel open will help attract customers which will increase sales, would you go to the mall just to say that you have taken the underground tunnel?
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6 Comments
  1. clanni2012 permalink

    In response to the first question, I do not believe Oppenheimer should be charged with mischief. I believe he should be let off because he did not have a guilty mind. In order to be found guilty to have committed a crime there must be actus reus and mens rea in order for the incident to be considered a crime. He did not have intent to break the law, he just wanted a safe and effective way to get to the mall. Also Oppenheimer did not abuse his powers. He did not break into the mall after it closed, if he did break in on different occasions then he should be charged with mischief, but until they prove that he was a disruption to society then he should not be punished.

  2. jessica permalink

    In response to the last question I strongly believe that allowing the tunnel to stay open for the
    public will attract customers to go to the mall more, which will cause a huge increase in sales. I
    personally would go to the mall more just to use the underground tunnel. It is something new and different that grabs peoples attentions and many people would be curious to try it out. Due to the amount of interested people who probably can’t wait to use this tunnel, it will make a huge increase in sales for Upper Canada Mall. Prior from Oppenheimer creating this secret underground tunnel for people to use and arrive to the mall in a safe and fast way, it will also be very beneficial to the stores in the mall as more customers come in.

  3. In response to question 1, I don’t agree with the polices’ decision by charging him with mischief and unlawful excavation for making this tunnel. Oppenheimers act of created this tunnel should not be considered a crime and he should not be charged at all because he never had a guilty mind while creating this tunnel. Also he never really broke into the mall and stole any items or caused damage. So charged related to breaking and entering should not be brought upon in this case. This also connects to question 2, because if he is reported as not guilty and is let go without any charges this tunnel should be open to the public during mall hours and could be a way for the mall to make money and make the mall environment more safe in a way. What Oppenheimer did should be recognized as a good act and to me is one of the most amazing things I’ve ever heard of. Oppenheimer never had guilty act or guilty mind so therefore no crime was committed and all charges should be dropped unless new evidence is brought up.

  4. Jdallagiustina permalink

    In response to the last question I strongly believe that allowing the tunnel to stay open for the public will attract customers to go to the mall more, which will cause a huge increase in sales. I personally would go to the mall more just to use the underground tunnel. It is something new and different that grabs peoples attentions and many people would be curious to try it out. Due to the amount of interested people who probably can’t wait to use this tunnel, it will make a huge increase in sales for Upper Canada Mall. Prior from Oppenheimer creating this secret underground tunnel for people to use and arrive to the mall in a safe and fast way, it will also be very beneficial to the stores in the mall as more customers come in.

  5. Hello Nicholas, in response to your first question i believe that Oppenheimer should not be charged with mischief in this case. I know that he has actus reus in this case because he committed a crime that was forbidden under the criminal code. But for this to be a crime he has to have mens rea which is a guilty mind. I believe that he did not have a guilty mind because his intentions was not to commit a crime. He just was using the tunnel so that he could have access to the mall without using his car or bike and using Davis road while there was traffic. If there was a situation where Oppenheimer used the tunnel to break into the mall while it was closed to steal items it would be different but he did not. Until that the court can prove that he was using the tunnel for other reasons he should not be charged with mischief because he did not have mens era.

  6. asullivan2012 permalink

    Hey Nicholas, In response to your first question yes i do believe he should be charged with mischeif. the reason for this is that although arguable Oppenheimer did have the acteus reaus and Mens rea when comitting this act. the Mens reas being guilty mind can be seen in him not asking for permission although yes having only the intentions of convenience at heart he still knew that what he was doing was wrong which is why he kept it a secret. Good choice in artical this case is not easily decided.

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