judicial process - statutory interpretation

Question 1

what is statutory interpretation

Answer 1

a judge in the higher courts may also need to interpret words or phrases in a statute, known as statutory interpretation - they have a variety of rules that can be used to aid interpretation or a key word or phrase

Question 2

what’s the literal rule

Answer 2

when a judge gives a word or phrase its ordinary dictionary definition

Question 3

what’s an example of the literal rule

Answer 3

whiteley v Chappell - defendant charged with “impersonating any person entitled to vote”, defendant voted in the name of a dead person for electronic fraud - found not guilty as literal meaning of ‘entitled to vote’ doesn’t include dead people

Question 4

what’s the golden rule

Answer 4

when the judge modifies a word or phrase to prevent an absurd result

Question 5

what’s an example of the golden rule

Answer 5

Adler v George - defendant charged with parking in the vicinity of a prohibited place, he argued he was parked in the place not the vicinity, the courts changed the meaning of vicinity to include inside to avoid this absurdity

Question 6

what’s the mischief rule

Answer 6

when the judge looks at the problem the act was trying to prevent when it was created rather than the meaning of a word/phrase

Question 7

what’s an example of the mischief rule

Answer 7

smith v Hughes - defendant was charged with soliciting on the street from the balcony of their private flat - convicted despite not being on the street of a public place as the act was trying to prevent soliciting to the public