Golden Rule Flashcards
What is the Golden Rule?
Judge will start by following the literal interpretation unless it leads to an absurd or unjust result.
Narrow Application
Occurs when a word in the statue is capable of having more than one meaning.
Narrow Application
R V Allen
Offence to commit bigamy under the Person Act 1861.
The word marry should be interpreted as to go through a marriage ceremony.
Defendant conviction was upheld.
Wide Application
Occurs when the words are clear but lead to injustice or absurdity.
Wide Application
Sigsworth
Son murdered his mother to inherit her estate as the law states next kin should receive all assets.
Wide application used to avoid unjust decision as the court was not prepared to let a murder gain benefit from his crime