golden rule 8 marker

Question 1

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Answer 1

• Judges begin using the plain dictionary meaning of the words in the statute.
• if this would lead to an absurd result, judges can choose between possible meanings of words to find the most suitable (narrow approach) or invent a new meaning to avoid absurdity (broad)

Question 2

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Answer 2

• Narrow approach used in R v Allen where a man who had tried to marry a second time before obtaining a divorce was charged with bigamy.
• Under the OAPA 1861, court had to decide the meaning of ‘marry’. It found two possible meanings: to legally marry and go through the ceremony .
• The first meaning would’ve lead to a verdict of ‘not guilty’ because it’s impossible to legally marry again before a divorce as this would have been bigamy.
• The court chose the 2nd meaning (ceremony)to avoid absurdity, adn as D had a 2nd ceremony he was found guilty.

Question 3

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Answer 3

• Broad approach was used in Re Sigsworth, here D killed his mother to gain her inheritance; the administrations of estates act 1925 said that where there was no will the inheritance should go to the next of kin.
• D argued that because he was next of kin and no will was left then he should get the inheritance.
• court said it would be absurd fro D to benefit from murder so they said it should be assumed that the wording meant ‘unless D killed his mother’.
• D was not given the inheritance