Statutory Interpretation Flashcards
What was argued in Twinning v Myers?
Whether roller skates were classed as a vehicle. They were not as the statute expressed “motor vehicle”
What is the literal rule?
The intention of parliament is in the words of the legislation and must be taken at literal value
What was held in Cheeseman v DPP?
The defendant was acquitted of masturbating in a public toilet “to the annoyance of passengers” contrary to S.81 Public Health Amendment Act 1902, as the plain clothed officers did not account as “passengers”
What is the golden rule?
It avoids an absurdity through narrow application or wider application
What is narrow application in the golden rule?
The judge can choose between different meanings and pick the most sensible option
What is a case example of narrow application in the golden rule?
R v Allen
What is wider application in the golden rule?
Words have one clear meaning, the golden rule can be used to change the words to better suit the case
What is a case example of wider application in the golden rule?
Re Sigsworth in the modification of the Administration of Estates Act 1925
What is the mischief rule?
The court can look at case law from before the statute was enacted to decide what the intention of parliament was. The mischief rule’s aim is to cover a loop-hole
What case was the mischief rule established?
Heydon’s case 1584
What was held in Smith v Hughes?
All prostitutes were found guilty as they were in the view of the street whilst soliciting and it didn’t matter whether they were physically in the street or not.
The statute used was S1(1) Street Offences Act 1959
What is the purposive approach?
Judges decide what parliaments true intention was by using intrinsic and extrinsic aids
What was held in R v Z?
The appellant stated the ‘Real IRA’ were not on the list of proscribed organisations, though the court held that in the Terrorism Act 2000 Parliament intended to include all of those organisations
In what case was the ban on hansard relaxed?
Pepper v Hart
