Larsonneur

Facts

Larsonneur, a French national, had been refused leave to land in the United Kingdom. She was in Ireland. The Irish police brought her back to England in custody. She was convicted of being found in the United Kingdom after leave had been refused.

Issue

Does the offence require a voluntary arrival?

Held

The conviction was upheld. She was an alien, leave had been refused, and she was found here. That she did not come voluntarily was irrelevant.

Principle

Some status offences are satisfied by the state of affairs alone. Voluntariness is not an element.

Why it matters

Winzar is the same idea. Martin v State, in Alabama, refuses it.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.