The 3rd type of AR is A set of circumstances or state of affairs:
- This includes being found:
- in possession of an offensive weapon.
- in possession of drugs.
- drunk on the public highway.
- Occasionally, people can be found guilty of a criminal offense for being in the wrong place, even though they had no control over their actions:
- Seen in R v Larsonneur, where the D's visa ran out and tried to go to Ireland. So they sent her back to England where she was arrested and charged under the Alien's Order 1920, despite the fact she was bought to England by force.
- Also seen in Winzar v Chief Constable of Kent, where the D was taken to hospital drunk and was discharged. The police took him outside into the street, outside the hopsital. Therefore the D was charged and subsequently convicted of 'being found drunk on the highway' under the Licensing Act 1872.
- The Ds had no control over their conduct, however they both contributed to their state of affairs by their earlier voluntary conduct.
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