Literal Rule A01

Question 1

Define literal rule

Answer 1

Judges take the ordinary and literal meaning of the word

Question 2

Lord Esher’s on the literal rule:

Answer 2

says that the legislation should be taken to have its literal meaning regardless if it produces an absurd result → (absurd result is an outcome parliament didn’t intend)

Question 3

In applying the literal rule, the judges work under the assumption that:

Answer 3

-parliament knows what they aimed to achieve when writing the legislation

-they aren’t required to put a ‘gloss’ onto the words or seek sense of the statute

Question 4

Fisher v Bell

Answer 4

-acquitted of selling a flick knife

-displaying the knife in the shop window was a mere ‘invitation to treat’ not a sale

THEREFORE

no offence committed under the Restriction of Offensive Weapons Act

Question 5

R v Bentham

Answer 5

-df pretended to have a gun during a robbery BUT it was his fingers in his pocket

-Firearms Act ‘offence to have have in your possession an imitation firearm’

THEREFORE

not guilty as he couldn’t possess his own body parts