statutory interpretation Flashcards
Explain the literal rule
PLOD (plain literal ordinary oxford dictionary definition from when the act was passed
What cases are used in the literal rule
Cheeseman, Basset, Berriman
Explain Cheeseman
‘exposing himself’, policeman was not a ‘passenger’
Explain Basset
D was filming men changing in toilets, men dont have ‘breasts,
Explain Berriman
Was oiling and maintaining not repairing so not entitled to lookout
What judge supports the literal rule
Lord Esher
Explain the golden rule
A modification of the literal rule and is used when the literal rule produces an absurdity or morally repugnant decision
What cases are used in the literal rule
Sigsworth, Allen, Adler v George
What judge supports the golden rule
Lord Wensleydale
Explain Sigsworth
Killed his mother to get inheritance money, Courts thought it to be morally repugnant and did not allow him to receive the money
Explain Allen
Convicted of bigamy, marry can mean to legally marry or to go through a marriage ceremony, he went through two but legally only married once
Explain Adler v George
Convicted of obstructing an officer in a military base, in the ‘vicinity’ does not mean inside. Absurdity, conviction upheld
What is the broad approach
Where the word only has one meaning so the courts modify the meaning of it
What case is used to show the broad approach
Sigsworth
What is the narrow approach
Where a word has more than one meaning so the courts choose the most relevant definition
What case is used to show the narrow approach
Allen
Explain the mischief rule
4 points of Heydons case What was the act before What mischief were they trying to remedy What remedy was produced What was the true reason for the remedy
What cases are used for the mischief rule
Elliot v Grey, Sweet v Parsley, Smith v Hughes, Corkery v Carpenter
Explain Elliot v Grey
Parked his car without the batter on the side of the road, told he needed insurance even though it couldnt be used, aimed to keep roads safer.
Explain Sweet v Parsley
Teacher let her students use her house and they smoked canabis. common law said mens rea was required but teacher did not have it.
Explain Smith v Hughes
Prostitutes solicited from private premises to be seen by public, was an offence as remedy was to stop having it aimed at public
Explain Corkery v Carpenter
Rode a bicycle while drunk. Bicycle classed as carriage so was an offence
Explain the purposive approach
The courts look at what the gap in the law was and decide what it was parliament were trying to achieve
Who supports the purposive approach
Lord Denning and the EU
What cases are used in the purposive approach
R v General Registrar Ex Parte Smith, Fitzpatrick v Sterling housing association, Gadin v Gohdn Mendoza
Explain R v General registrar ex parte smith
D was convicted and wanted to see his birth certificate. Denied it as fear it would endanger his mother
Explain Fitzpatrick v Sterling housing association
Homosexual couple were co-living when one passed. Originally the other one was jot allowed to stay as a homosexual couple was not a ‘family’ courts found that they were
Explain Gadin v Gohdin Mendoza
Homosexual couple were living together and one died the surviving one was told to leave until they were seen as the ‘surviving spouse’
