FANDOM


FactsEdit

Larsonneur had a French passport and was granted access to England. Her passport was marked to say that she had to leave the country ffy a certain date. She left England on that date for Ireland, but was deported from Ireland and was sent back to England in Irish custody. She was found in England, and this was after the date that her passport allowed her to be in the country. She was convicted under the Aliens Restrictions Act for being in the country as an alien to whom leave to land had been refused. She was convicted at second trial and appealed on conviction.

Issue

  1. Does it matter that she did not re-enter England on her own accord, but was forced to do so?

DecisionEdit

Appeal Dismissed

ReasonsEdit

Hewart, writing for the court, says that it is clear that the woman was an alien. It is also clear that the authorities had the power to put such a restriction on her passport. He says that the circumstances of her being brought back to England after her passport expired were immaterial. She was not allowed to be in England after a certain date, and was found in England after the date. The reason she was there does not matter; she violated the act.

RatioEdit

Even if you are physically forced to commit the actus reus of an offence against your will, you have still committed it for legal purposes (this is no longer the case).

Ad blocker interference detected!


Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers

Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.