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R v Lim Chin Aik

[1963] AC 160

Case summary last updated at 15/01/2020 07:51 by the Oxbridge Notes in-house law team.

Judgement for the case R v Lim Chin Aik

A man was living in Singapore and left for Malaya. He returned and started living with his family. It was later found that an order had been made preventing him from ever returning to Singapore, though there is no evidence he knew of this order as it was never given to him. The trial judge ruled that being found in contravention of the order was strict liability and that ignorance was no defence. The CA dismissed his appeal. The HL allowed his appeal since he could not have had knowledge of the order. Furthermore, there was nothing in the order itself that excludes the presumption of mens rea (throughout the order words like “knowingly, without excuse, without reasonable cause etc.) are found. 

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