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Old Jan 26, 2007 | 3:56 am
  #32  
stevenshev
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Originally Posted by GUWonder
Even putting a passport in a microwave can be done for reasons not related to intentionally damaging the passport -- it can be done to disinfect it. A government would have trouble proving that a passport was intentionally damaged in a way that violates applicable law (if any).
And therefore the wonderful concept of strict liability offenses comes into play. His mens rea, or lack thereof, is irrelevant and does not need to be proven by a prosecutor --- not under the section I quoted above, but if you REALLY would like me to I'm sure I can find it (almost certainly would be a summary offence, not an indictable offence, but that's not the point you're making, is it now?). Only the actus reus is necessary.
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