Golden Rule Flashcards
Define the golden rule
> Golden rule is a modification of the literal rule.
Its origins come from dictum of Parke B in Becke v Smith that the act should be taken literally but they can be modified or varied to avoid a repugnant outcome.
When do judges use the golden rule
When literal would product an absurd or unjust result
Which judge supports the golden rule
Lord wensleydale
how did lord wensleydale support golden
The grammatical and ordinary sense of the word is to be aheard to unless that would lead to some absurdity or inconsistency.
What are the two versions of the rule
Narrow and Broad
List 4 cases for the golden rule
R v allen
Maddox v scorer
Re sigsworth
adler v George
What two cases apply to narrow
R v allen
Maddox v scorer
what two cases apply to broad
Adler v george
state the facts in adler V george
(Vacinity)
Obsructing an armed forces from getting to the camp in the vicinity of any prohibited place
state the facts in maddox v scorer
(Adapted)
it was an offence to drive more than 30mph with a viechle adapted to carry more than 7 passangers but it was made to carry 11
State the facts in Re Sigsworth
kills his mother to get her will but it resulted in a repugnant outcome so they altered the meaning
state the facts in R v Allen
(Marry)
Man had committed bigomy but there was two meanings to marry. One was to go through multiple ceremony and the other was to go through one. Acquitted
What does the narrow approach do
where a word or words have two
possible meanings but one would produce an unwanted
or absurd outcome the court may chose between them
what does the broad approach do
where the meaning of a word is not
ambiguous but to give it its literal meaning would
produce a repugnant outcome
state the advantages of the golden rule
doesn’t produce absurd results making the law just
not as extreme as other rules
allows judges to select the most appropriate
