R v Larsonneur [1933]

1. Facts:

• Larsonneur, a French national, was lawfully in the UK but was later deported to Ireland.

• Upon arrival in Ireland, authorities deported her back to the UK against her will.

• Upon her forced return to the UK, she was charged under the Aliens Order for being in the UK without permission, regardless of how she arrived.

2. Outcome:

• Larsonneur was convicted under the Aliens Order.

• The court ruled that the circumstances of her return to the UK were irrelevant.

• Her mere presence in the UK without permission was sufficient to constitute the offence.

3. Impact and Analysis:

• Harshness and Rigidity: Highlights the harshness and rigidity of pure status offences.

• State of Affairs: Demonstrates that the actus reus of an offence can consist solely of a state of affairs rather than any specific conduct or intent.

• Involuntary Presence: Emphasises that even involuntary presence in a prohibited state can result in criminal liability.

• Fairness and Ethical Implications: Sparks debate about the fairness and ethical implications of such laws, raising concerns about justice and voluntariness in criminal law.