The King v. Ewar

25 N.Z.L.R. 709 (New Zealand 1905).

Facts

Ewart (D) was a newspaper vendor and sold a copy of a paper containing obscene matter. At trial, D claimed that he honestly did not know that the obscene material was in the paper. The prosecution claimed that the anti-obscenity law was strict liability. The defense claimed that the prosecution was burdened to show that D knew what he was selling. D was convicted and appealed.