Statutory Interpretation Flashcards
Statutory Interpretation
How judges interpret and apply acts of parliament
Literal Rule
Lord Esher said “Plain, Ordinary, literal meaning of words”
Literal Rule Cases
R v Bentham 2005
Whiteley v Chappell 1868
R v Bentham 2005
Bentham was charged under the Firearms Act for POSSESSION of an imitation firearm. He had placed his fingers under his jacket.
The HoL ruled you cannot possess your own fingers
Whiteley v Chappell 1868
The act stated was on offence to impersonate someone ENTITLED to vote
D Impersonated dead person
Dead person not entitled to vote
Not Guitly
Golden Rule
Established in Becke v Smith 1836 it allows the court to modify the words of the statute if it would produce an absurd result
Narrow Golden Rule
Lord Reid in Jones v DPP
If the word is ambiguous the judge may pick one of the meanings
R v Allen 1872
Offences against the persona act 1861 makes to offence to marry when already married.
Court realised marry had 2 meanings
1) Ceremony of marriage
2) Legally married
They determined it was absurd as one cannot be legally married if already married. thus they chose the 2nd meaning
Wide Golden Rule
The wider application is where there’s only one meaning but it would lead to an absurd or repugnant outcome
Re Sigworth 1935
Under the Administration of Estates Act the next of kin would inherit the estate of the deceased.
Sigworth muderded his mother and thus the judge ruled he could not inherit as it would be repugnant
Mischief Rule
Hendon’s Case 1584
judges should interpret in a way that achieves the remedy parliament intended
Hendon’s Case 1584 Rules (4)
- Common Law before act
- Mischief act was designed to remedy
- What was the remedy Parliament was trying to provide
- Reason for the remedy
Mischief Rule Cases
Smith v Hughes 1960
Corkery v Carpenter 1951
RCN v DHSS 1981
Smith v Hughes 1960
Under Street Offences Act soliciting on a public place was an offence. The prostitutes solicited from a private balcony to avoid this.
Judge ruled mischief was people being bothered in the street
Found guiltu
Corkery v Carpenter 1951
Charged under licensing act 1872 which made it an offence to be in control of a cartridge while drunk. D was incharge a bicycle
Found Guilty as mischief was to stop drunk people on the road
