CASES - statutory interpretation Flashcards

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1
Q

Whiteley V Chappell

A

Statute made it offence to ‘impersonate any person entitled to vote’. D used vote of dead man; not guilty dead person not entitled to vote.
LITERAL RULE

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2
Q

Adler V George

A

offence to obstruct member of armed forces ‘in the vicinity’ of prohibited place. D was actually in prohibited place rather than vacinity.
GOLDEN RULE - NARROW

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3
Q

Re Sigsworth

A

Son murdered mother who had no will. Statute on intestacy said as her only child he was entitled to inherit her entire estate. literal rule would give repugnant result therefule golden rule applied - received nothing
GOLDEN RULE - WIDE APPROACH

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4
Q

Smith V Hughes

A

Ds were prostitues charged under street offences act which made it an offence to solicit in a public place. The prostitutes were soliciting from private premises in windows or on balconies and so could be seen by the public.
MISCHIEF RULE

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5
Q

R V Registar-General, ex parte Smith

A

applicant had statutory right to birth certificate at 18 but it was suspected he wanted this in order to find and murder his mother. Court despite plain language of adoption act applied purposive approach saying parliament could not have intended to promote serious crime
PURPOSIVE APPROACH

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