State of affairs

• What must be proven in order to satisfy the actus reus element of state of affairs offences?

  In order to satisfy the actus reus of state of affair offences you must:

  • be in a particular place
  • at a particular time
  • whether you are there voluntarily or not is irrelevant
  • this is a question of fact, as seen in Winzar v Chief Constable of Kent
• What is the justification used for state of affair offences?

  The existence of state of affair offences is justified upon the grounds that:

  • such circumstances are so dangerous to others or demonstrate such fault that a criminal prosecution is justified
  • regardless of how the defendant got there