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Kilbride v Lake, [1962] NZLR 590

Facts:

Required to have current warrant on car. Warrant was on car when left it on street. When came back it was gone. This is an absolute liability offence = no proof of mens rea required

Issue(s):

Was the acuts reus in the offence produced by the appellants?

Ratio:

An act or omission making up the actus reus must be voluntary.
Voluntary: A person can not be made criminally responsible for an act or omission unless it was done or omitted in circumstances where there was some other course of action open to him

Analysis:

If there is an absolute prohibition, and the prohibited act is done, the absence of mens rea is not a defence.

The act or omission must be voluntary.
**He must be shown to be responsible for the physical ingredient of the offence

Holding:

Not full actus reus. Physical ingredient of this charge was not proved against the appellant.


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