Statutory Interpretation

Question 1

What are the 4 types?

Answer 1

Literal rule
Golden rule (broad and narrow)
Mischief rule
Purposive approach

Question 2

Literal rule?

Answer 2

Starting point
Gives a plain ordinary meaning even if result is not sensible
Can lead to ‘harsh decisions’

Question 3

Literal Rule-Lord Esher

Answer 3

If the words of an Act are clear you must follow them even if they lead to obsurdity

Question 4

Whiteley v Chappell

Answer 4

Not guilty of impersonating someone entitled to vote as dead person not entitled to vote

Question 5

Berriman

Answer 5

Railway worker not ‘relaying or repairing’ train track so widow couldnt claim compensation

Question 6

Definition of statutory interpretation

Answer 6

The process by which courts interpret and apply the law

Question 7

Golden rule definition

Answer 7

Looks at literal meaning but can avoid a repugnant result

Question 8

Narrow golden rule

Answer 8

Word is capable of different meanings so judge chooses meaning which avoids obsurdity

Question 9

R v Allen

Answer 9

An offence to ‘marry’ while original undivorced spouse is alive. Court decided ‘marry’ means go through a ceremony or to end up legally married

Question 10

Adler & George

Answer 10

Obstructing member of armed forces in vicinity of prohibited place. He was actually in so courts decided in was enough to avoid absurd result

Question 11

Golden broad approach

Answer 11

Only 1 meaning but absurd to apply it

Question 12

R v sigsworth

Answer 12

D murdered mother. Her son should get all her property. Courts decided this is repugnant

Question 13

Mischief rule

Answer 13

looks at the gaps in the law prior to the act ‘suppress mischief’

Question 14

Heydons case

Answer 14

Made mischief rule , consider what the Act was trying to fix in the common law

Question 15

Smith v Hughes

Answer 15

Prostitutes hassled man from a balcony. An offence for prostitute to loiter or soliciting in a public place for the purposes of prostitution.Acts purpose to stop prostitution in public

Question 16

the purposive approach

Answer 16

the judges decide what parliament meant to achieve, what the purpose of the act was

Question 17

smith

Answer 17

adoption act allows person to obtain birth certificate at 18-subject to conditions, not encouraging crime

Question 18

Quintavalle

Answer 18

House of Lords decided that embryos produced through CNR are covered by the Fertilisation & embryology act

Question 19

literal rule advantages

Answer 19

Parliament make law so it is right to apply the law exactly as it is written
Makes the law more certain so easier for lawyers to know the law and how it will be applied

Question 20

literal rule disadvantages with cases

Answer 20

Assumes every act is perfectly drafted which is not always possible to cover every situation
Whiteley v Chappell
Words can have more than one dictionary meaning Dangerous Dogs Act ‘type’
Unjust decision

Question 21

golden rule advantages

Answer 21

respects words of parliament

judge chooses a most sensible meaning

Question 22

golden rule disadvantages

Answer 22

only be used in limited situations

not possible to predict its use

Question 23

mischief rule advantages

Answer 23

deals with loopholes
fills in gaps
a just result

Question 24

mischief rule disadvantages

Answer 24

risk of judicial law making
not as wide as purposive
limited to review old law
uncertainty

Question 25

purposive approach advantages

Answer 25

justice in individual cases allows new developments in tech avoid absurdity

Question 26

purposive approach disadvantages

Answer 26

difficult to find parliaments intention allows judge to make law uncertainty

Question 27

intrinsic aids

Answer 27

The statute itself helps to make its meaning clearer

Question 28

extrinsic aid

Answer 28

outside the act which helps explain meaning of words

Question 29

Examples of intrinsic aids

Answer 29

Long title Short title Preamble in older statute Interpretation section

Question 30

Advantage intrinsic

Answer 30

More likely to come to the interpretation that parliament intended Burglary-states a building, definition applies to inhabited vehicle or vessel

Question 31

Disadvantage of intrinsic-inclusion

Answer 31

Not included in every statute Most modern do not contain long preambles Definitions not always included, uncertainty Theft ‘dishonestly’ must be interpreted

Question 32

Extrinsic aids

Answer 32

Dictionaries of the time the act was passed. Cheese man ‘passenger’. Historical setting Earlier case law Interpretation act 1978 masculine shall include feminine unless contrary intention

Question 33

Hansard

Answer 33

Official report of occurrence in parliament Minister promoting bill & debates. Only used if words are obscure or lead to an absurdity