The Golden Rule Flashcards
intro [paragraph 1]
In many statutes, the wording is ambiguous or old-fashioned or the words could have multiple meanings. Because of this, judges have developed rules over time to help them ‘find’ the meaning of the words. One of which is known as the Golden Rule.
definition [paragraph 2]
The Golden Rule was summed up by Lord Reid in Jones v DPP as follows: “If [the words] are capable of more than one meaning, then you can choose between those meanings, but beyond this you cannot go”.
meaning [paragraph 3]
This practically means that if a judge finds words in a statute to have more than meaning or to be ambiguous then a judge may choose the most appropriate meaning of said word.
narrow approach [paragraph 4]
Two approaches to the rule have since emerged. The first is the Narrow Approach, in which a judge is able to select the most relevant meaning [of a word] for the case if the word is said to have more than one meaning or to be ambiguous.
R v Allen
D was charged with bigamy under the Offences Against The Person Act 1861 as it was an offence to ‘marry whilst one’s spouse is still alive’. D argued that it was impossible for someone to legally marry twice but the court found the word ‘marry’ to mean ‘go through a marriage ceremony’ and so D was guilty.
broad approach [paragraph 5]
The second approach is the Broad Approach. Here, if a judge finds a word that has only one meaning that would produce a repugnant outcome in the case, then the judge has the flexibility to alter the meaning of the word.
Re. Sigsworth
Re. Sigsworth inn which a son murdered his mother in order to gain her property. As he was her ‘next of kin’ he was entitled to it, but the court held that it was a repugnant situation as it would allow the son to profit off murder.
