SI Cases Flashcards
Literal rule case 1
Cheeseman v DPP- man caught masturbating in public, police caught him
Literal rule was used and the law said passengers had to see it, passengers were people passing by, the police were there to arrest him not passing by.
Literal rule case 2
Whitely v chapel
Worker killed while maintaining the tracks
Wife tried to claim, couldn’t as the law said he had to be repairing it relaying the track
Golden rule case narrow application
R v Allen
Man accused of bigomy
Said he couldn’t be married as one definition was the legal contract and couldn’t do that more than once
Court took it as the ceremony
Golden case wide application
Sigsworth- man killed mother to inherit her estate
Court wouldn’t let a murderer benefit from crimes and didn’t give him the estate
Mischief, heydons case
Find the common law at the time
Find the problem with the common law
Find the remedy
Interpret act in a way so the mischief is covered and a remedy is provided
Mischief case 1
Smith v hughes
Illegal to solicit in the street- was soliciting behind a window
Still harassing members of public which parliament intended to stop when they made the act
Mischief case 2
Royal college of nursing v DHSS
“Registered medical practitioner” could only perform a abortion
Mischief parliament wanted to get rid of was illegal abortions so nurses could now perform abortions- due to new drugs
Purposive rule case 1
Jones v tower boot- jones suffered racial harassment at work, tried to sue the employer under race relations act for being vicarious liable.
HELD: act was to stop any kind of racial discrimination, won his claim
Purposive rule case 2
Registrar genral ex parte smith.
Law stated a Person had a right to obtain their original birth certificate, D was in prison for murder and there was evidence he was going to kill his mother
Was not intention of parliament to help a murder so no access to certificate
