Literal Rule

Question 1

What is the literal rule?

Answer 1

Judges reads statue and gives the words plain ordinary meaning.

Question 2

Features of literal rule

Answer 2

Use of a dictionary from the time the act has been passed.
Lord Esher 1982 - ‘ if the words of an Act are clear , you must follow them even if they lead to a manifest absurdity.

Question 3

Whitley V Chapel

Answer 3

Illegal to impersonate any person entitled to vote.
Defendant used the identify as a dead person.
Defendant not guilty as dead people are not entitled to vote.

Question 4

Cheeseman V DPP

Answer 4

Defendant caught masturbating by two police officers.
Town Police Clauses Act 1847 - offence to indecently expose his person in a street to the annoyance of passengers.
Oxford English Dictionary states a street as any public place but the police were not passengers as they were stationed there meaning Cheeseman escape arrest.