Deing V. Tarola: Interpreting Legislation Flashcards
Where was Chanta Deing apprehended?
At a McDonald’s store
Why was deing apprehend?
He was found to be wearing a black, raised studded leather belt to hold up his trousers
What was he charged under?
Section 6 of the Control of Weapons regulations act
What does section 6 of the Control of Weapons Act state
A person must not possess, carry or use any regulated weapon without lawful excuse
What did section 5 of the Control of Weapons regulations act provide
A long list of Weapons included under the term weapon which included the studded belt
What did the magistrates court decide?
That the studded belt was a regulated weapon
Who did deing appeal to?
The Supreme Court
What did the Supreme Court conclude?
That the studded belt was not a regulated weapon
What did justice Beach define the literal meaning of the term weapon as?
” any instrument used in warfare to attack an enemy “
What precedent did the Supreme Court set in this case?
That an item that is not in common use as a weapon cannot be classified as a weapon under the control of Weapons Act
How did justice Beach use the extrinsic material of the oxford dictionary
To define the meaning of the word weapon