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R v Lim Chin Aik [1963] AC 160

By Oxbridge Law TeamUpdated 04/01/2024 07:03

Judgement for the case R v Lim Chin Aik

Table Of Contents

  • A man was living in Singapore and left for Malaysia. 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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