Mischief rule Flashcards
what is the general rule of the mischief rule
It focuses on parliaments intentions rather than the words in the act
what are the 4 points of haydons case
> what was the law before they passed the act to change it
problem they wanted to fix
what solution was parliament providing
what was the gap the law was trying to fill
List 4 cases in the mischief rule
Smith v hughs
Elliot v grey
corkery v carpenter
eastbourne borough council v sterling
State the facts in smith v hughs
The street offences act- solicited
It was an offence to incite someone into a sexual act in a public place. The prostitutes in a doorway were not in a public pace. held: the aim of the act was to allow people to walk along the street without being solicited by prostitutes.
state the facts in Elliot v Grey
Road traffic act- it was an offence for a car to be on the road uninsured. The car couldn’t be used because it had no battery.
held: It was still a hazard that the statue intended to prevent and was covered by the phrase “used on the road” It was trying to remove hazards off the road
state the facts in corkery v carpenter
“D” was in charge of a bicycle while drunk. It was an offence to be in charge of a carriage while intoxicated.
Held: a bicycle is a carriage the mischief was intoxicated people on the highway being in charge of transport- Guilty
State the facts in eastbourne borough council v sterling
A taxi operating from private land by a station forecourt, but which could be seen to attract passengers from a nearby busy roadway, was plying for hire in a public street, and accordingly required a private licence under the Act.
