Statutory Interpretation

The 4 important presumptions and cases to go with them.

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Presumptions: Questions

1. Give a brief explanation of how assumptions and presumptions are used.

2. List the four types of presumptions.

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Presumptions: Answers

1. Courts can make presumptions or assumptions about the law, but they are only a starting point. If the statute explicitly states the opposite then the presumption cannot be applied.

2. The four types are as follows;

  • A presumption against a change in the common law
  • A presumption that means rea is required in criminal cases
  • A presumption that the Crown is not bound
  • A presumption that legislation does not apply retrospectively.
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