Statutory Interpretation Flashcards
Give an example of the use of the literal rule
Whitely v Chappell (1868-69)
When was the golden rule set out?
River Wear Commisioners v Adamson (1877)
Give an example of the use of the purposive rule
R v Pigg [1983]
give an example of the use of expressio unius est exclusio alterius
Tempest v Kilner [1846]
Give an example of the use of noscitur a sociis
Inland Revenue Commissioners v Frere [1965]
Give an example of a court using a dictionary
R v Fulling [1987]
What case allowed judges to use Hansard?
Pepper v Hart [1993]
Give an example of the use of ejusdem generis
Powell v Kempton Park Racecourse [1899]
Give a case that demonstrates the mischief rule
Gorris v Scott (1874)
Whiteley v Chappell (1868) LR 4 QB 147
A statute made it an offence ‘to impersonate any person entitled to vote.’ The defendant used the vote of a dead man. The statute relating to voting rights required a person to be living in order to be entitled to vote.
Held:
The literal rule was applied and the defendant was thus acquitted.
A notorious criminal case in which a defendant who was accused of impersonating a dead man in order to vote was acquitted. … However, as the court considered that a person who was dead could not be entitled to vote, the defendant was acquitted.
R v Allen (1872) LR 1 CCR 367
The defendant was charged with the offence of bigamy under s.57 of the Offences Against the Person Act 1861. The statute states ‘whosoever being married shall marry any other person during the lifetime of the former husband or wife is guilty of an offence’. Under a literal interpretation of this section the offence would be impossible to commit since civil law will not recognise a second marriage any attempt to marry in such circumstances would not be recognised as a valid marriage.
Held:
The court applied the golden rule and held that the word ‘marry’ should be interpreted as ‘to go through a marriage ceremony’. The defendant’s conviction was upheld.
