Section 2A: Statutory Interpretation - Cases Flashcards
Whiteley v Chapel (Literal Rule)
The D was not guilty under the literal rule, as a dead person is not literally ‘entitled to vote’.
LNER v Berriman (Literal Rule)
The claim failed as the Act stated that this only applied whilst ‘repairing or relaying’ the track which did not literally cover maintaining the track.
Cheeseman v DPP (Literal Rule)
The Oxford English Dictionary states that a ‘street’ is any public place, but ‘passengers’ could not be the police as they were stationed at the time so the defendant could not be arrested in those circumstances.
R v Allen (Golden Rule)
The court applied the golden rule and held that the word ‘marry’ should be interpreted as ‘to go through a marriage ceremony’. The D’s conviction was upheld.
Sigsworth (Golden Rule)
The judge used wide application to avoid the unjust decision the literal rule would have given. The court was not prepared to let a murderer benefit from his crime.
Heydon’s Case (Mischief Rule - Features)
- What was the common law/ statute before making the Act?
- What was the mischief and defect for which the common law/ statute did not provide?
- Identify the remedy Parliament tried to provide.
- The court should then interpret the Act in such a way that the mischief is covered and a remedy provided.
Smith v Hughes (Mischief Rule)
She was found guilty of an offence as she was still causing the mischief of harassing members of the public, which Parliament intended to stop when it passed the Act.
Royal College of Nursing v DHSS (Mischief Rule)
The mischief Parliament were trying to get rid of was illegal abortions. In light of this, it was decided nurses could legally perform abortions as they were safer.
Registrar General ex parte Smith (Purposive Approach)
He was refused access to his birth certificate, as it would not have been the intention of Parliament to do this.
Jones v Tower Boot
The purpose of the Act was to stop any kind of racial discrimination so Mr Jones won his claim.
