Statutory Interpretation (2) Flashcards
what is statutory interpretation?
the process by which the courts (judges) interpret statutes and apply legislation.
the process of reading and applying the law.
why do we need statutory interpretation?
- ambiguous words (unclear meaning/can have more than one meaning
- changes in languages (words can change meaning over time)
- new developments (new technology)
- drafting errors (typos)
- broads terms (such as animals)
what is the literal rule?
- requires the judge to give the word in the act its dictionary meaning
- its plain,natural,grammatical and ordinary meaning
- even if the interpretation leads to an absurdity
Harris
( list key words and write principle)
the D bit off the nose of the V.
Statute made it an offence to “stab, cut or wound another”
principle= using the literal rule, biting did not come under the definition of cut,stab or wound as they implied using an instrument.
The D was found not guilty and it led to an absurd result.
Berriman
( list key words and write principle)
Died whilst maintaining the tracks.
Statute said compensation was payable to those who died whilst “relaying or repairing” the tracks.
principle= using the literal rule, maintaining did not fall under either definition or relaying or repairing.
No compensation could be claimed and an absurd result
Whiteley v Chappell
D voted using the voting card of a dead person.
The statue made it an offence to “impersonate a person who was entitled to vote”
principle= using the literal rule, judge decided the D did not make an offence as dead did not come under the definition of entitled.
Absurd result
