Statutory Interpretation
- Created by: DOMINICCC76
- Created on: 03-04-16 20:06
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- Statutory Interpretation
- Literal Rule
- Judge gives the words used their plain, ordinary meaning
- Even if this leads to a manifest absurdity
- Whiteley V Chappell
- Offence to impersonate any person 'entitled to vote'
- Defendant had impersonated someone who was dead but whose name was on the voters list
- Court found defendant not guilty to due the literal interpretation
- Defendant had not committed the offence
- Dead person isnt entitled to vote
- Defendant had not committed the offence
- LNER V Berriman
- Railway worker had died whilst maintaining (oiling) the lines
- His widow wanted to claim compensation as the railway company had not provided a look out man
- Act stated that compensation was only avaliable to those 'relaying or repairing' the tracks
- Literal interpretation
- Wife couldnt claim compensation as maintaining the line was not 'relaying or repairing'
- Judge gives the words used their plain, ordinary meaning
- Mischief Rule
- Rule comes from Heydon's Case
- Gives judges more flexibility than the other two rules
- Court are required to look at what the law was before the act was passed
- What mischief or problem that act was trying to cover/solve
- Smith V Hughes
- Offence for a common prostitute to solicit in the street
- Under the Literal Rule
- Prostitutes were not guilty as they were not in the street but at a balcony
- Court decided the act was passed to stop prostitutes soliciting men in the street
- It did not mater that the prostitutes themselves were not in the street
- Guilty under the Mischief Rules
- They were still creating the mischief that the act was trying to remedy
- DPP V Bull
- Wolfenden Report
- This was made on prostitution
- After looking at this the court decided that the act did not apply to male prostitutes
- Act had been passed to remedy a mischief that was caused by female prostitutes
- Defendant was foud not guilty
- Wolfenden Report
- Rule comes from Heydon's Case
- Golden Rule
- Extension or modification of the literal rule
- Narrow Approach
- Where a word has more than one meaning the court can choose which to follow
- R V Allen
- It was an offence to 'marry' someone else whilst still married
- Marry could have two meanings
- Become legally married
- Go through a marriage ceremony
- Court chose the second meaning in order to find Allen guilty
- Broader Approach
- Words have only one clear meaning
- Following that meaning would lead to a repugnant situation
- Can use broader approach to avoid following the literal meaning
- Re Sigsworth
- A son had murdered his mother
- She hadnt made a will before her death
- Act stated that as he next of kin the son should inherit all her money
- This would allow the son to benefit from his crime
- This would lead to a repugnant situation
- Court used the broader approach to not allow him to benefit
- A son had murdered his mother
- Words have only one clear meaning
- Purposive Approach
- This is an extension of the Mischief Rule
- It is the most flexible rule
- Allows the judge to decide what as the purpose of the act and what they believe was meant to be achieved by passing that act
- Royal College of Nursing V DHSS
- Abortion Act 1967
- Abortions could only be carried out by doctors
- As technology improved nurses carried out abortions by administrating a drug
- Under the Literal Rule these abortions were illegal
- Court decided the purpose of the act was to prevent 'back street' abortions
- Nurses werent doing back street abortions
- These abortions were legal under the purposive approach
- Abortion Act 1967
- R V Registrar ex Parte Smith
- Adoption Act 1976
- When 18 yrs old, you could have access to birth certificate
- There was evidence that by doing this the patient would try to kill his natural mother
- Court said parliament could not have intended for this to happen
- Used the Purposive Approach to avoid having to give the defendant access to birth certificate
- Adoption Act 1976
- Favoured by the European Courts
- Championed by Lord Denning
- Literal Rule
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