Winzar v Chief Constable of Kent

Facts

Winzar was drunk in a hospital corridor. The police were asked to remove him. They put him in a police car on the highway and then charged him with being found drunk on the highway.

Issue

Is he guilty if the police put him on the highway?

Held

Yes. It was immaterial that his presence on the highway was not his own act.

Principle

Being found in a forbidden condition can be proved without a voluntary act of going there.

Why it matters

Read it against Martin v State, where the American court required a voluntary appearance.

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