Statutory Interpretation

Berriman

Railway employee maintaining railway track, didnt have a lookout, was hit by train and killed. As he was maintaining and not repairing or relaying a lookout was not needed so the wife didnt get any compensation

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R v Harris

Defendant bit the victims nose off and was charged with 'cut, stab or wound' . Cut, stab or wound implied a weapon was used and it was not so he was no guilty.

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Fisher v Bell

Defendant displayed flip knives in his shop window and it was an offence to have them for sale. He was not selling them, he was inviting them to make him an offer. They were an 'invitation to treat' so he was not guilty.

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R v Magginis

£500 of cannabis found in mans car, he was charged with intent to supply it but said he was waiting to give it to a friend... Handing back the drugs is supplying the drugs.

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R v Allen

He married when was already married then charged with bigamy... As the literal rulkw would lead to an absurd outcome they changed the wording so hed be found guilty

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Adler v George

Illegal to obstruct armed forces in the vicinity of the prohibited place. Armed forces were obstructed in the prohibited place ... Defendant would have been found not guilty if they did not change the wording with the golden rule

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Re Sigworth

Defendant put in prison for murdering his mother but would inherit all of her wealth as she did not have a will.. the judges inserted a clause into the statute that said you cannot inherit if you are the reason that person is dead.

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Smith v Hughes

Street offences Act 1959 made it illegal to loiter or solicit in a public place for the purpose of prostitution. the prostitutes then went into a private place and were doing the same thing. Using the mischeif rule they made it illegal

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Royal College of Nursing v DHSS

Abortion was illegal. Made legal for registered medical practitioners to give abortions to stop illegal abortions. hormonal abortions came out and burses gave it out, using mischief rule it was made legal for nurses to give the drug

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Elliot v Grey

Uninsured car jacked up on the side of the road with the battery out. Car had no insurance, defendant was not using his car but it was still a hazard to other drivers so he was found guilty

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Pickstone v Freemans plc

copay paid men more than woman for equivalent job. Under EU directive everyone has to be paid the same for an equivalent job and judges knwo Parliaments intention is to comply with EU law so company had to pay her more

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Quintavelle

Human Fertilisation andf Embryology Act 1990 must have a license to do anything with embryos. Advances in science meant no fertilisation was needed as embryos were being cloned. Purpose was regulation of embryos therefore it applies to any embryo.

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Jones v Tower Boot Coas to stop dis

Black employee under discrimination, Employer said it happened out of core hours so it was not his fault. Employer was liable as he was suffering discrimination and the purpose wcrimination . It did not matter that it occurred on breaks

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Statutory Interpretation

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Card 2

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