Winzar v Chief Constable of Kent

A drunk man removed from a hospital by police and placed on the highway was guilty of being found drunk on the highway.

Citation
(1983) The Times, 28 March
Court
Divisional Court
Year
1983
Subject
Criminal Law
Topic
Actus reus and omissions

Facts

Mr Winzar was taken to hospital on a stretcher, but was found to be merely drunk and was told to leave. When he did not, the police were called, and they removed him from the hospital and put him in their car, which was parked on the highway outside. He was charged with being found drunk on a highway under section 12 of the Licensing Act 1872.

Legal principle

The Divisional Court upheld the conviction. The offence was designed to deal with the nuisance of public drunkenness, and it was committed when a person was perceived to be drunk in a public place, whether or not he had gone there voluntarily. Like R v Larsonneur, the case illustrates state of affairs offences where no voluntary act is required, and it has been criticised for allowing police action to create the offence.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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