Golden Rule A01

Question 1

Define the golden rule

Answer 1

• extension of the literal rule
• if literal interpretation is likely to give an absurd result → judge should alter the words to produce a satisfactory result

Question 2

Define narrow golden rule

Answer 2

used when a word has more than 1 meaning → judge should pick the meaning that makes the most sense

Question 3

R v Allen (NARROW)

Answer 3

-df committed bigamy under the OAPA → word ‘marry’ in the statute 2 meanings legal or ceremonial

-judge took the reasonable meaning to avoid absurd result

Question 4

Define the wide golden rule

Answer 4

when the judge understands the meaning but doesn’t apply the literal meaning as it would be undesirable or repugnant

Question 5

Re: Sigsworth (WIDE)

Answer 5

-df murdered his mother who was his next of kin, so despite Administration of Estates act naming the son as the next of kin

-would be unreasonable so the judge didn’t apply the literal meaning