Mischief Rule A01

Question 1

What case created the mischief rule

Answer 1

Established in Heydons Case

Question 2

Define the mischief rule

Answer 2

Judge should consider what was the common law before the act passed, and what the gap/mischief(problem) the legislation intended to cover was

Question 3

Smith v Hughes

Answer 3

-dfs charged with ‘soliciting in a street or public place’ under the Street Offences Act

-dfs were soliciting from an upstairs window

-mischief: stop the public in the street being bothered by prostitutes = guilty

Question 4

DPP V Bull

Answer 4

-Defendant was a male prostitute was charged under the Street Offences Act 1959

-not guilty as the word ‘woman’ indicated that the mischief was to limit the activities of male prostitutes