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Court of Appeal Wellington
5 May; 28 June 1983
Davison CJ, Cooke and Richardson and McMullin JJ
5 May; 28 June 1983
Davison CJ, Cooke and Richardson and McMullin JJ
Criminal law — Statutory offences — Defence of total absence of fault — Onus of proof — Whether the burden of establishing absence of fault as a defence to a charge in respect of a public welfare regulatory offence should rest on the defendant.
Aviation — Offences — Operating an aircraft in such a manner as to be the cause of unnecessary danger to persons or property contrary to s 24 — The mens rea of an offence against s 24 and the onus of proof discussed — Civil Aviation Act 1964, s 24.