The literal rule Flashcards
What is the intro to learn?
The rule gives the words in the statute their plain, literal, ordinary, dictionary definition from the OED from the time the Act was passed
R V Basset incident
.D drilled a hole in swimming pool changing room to film men getting undressed
.Could only see their chests
How was the literal rule used in R V Basset?
To interpret the word breasts because men do not have breasts and the OED at the time sated only females have breasts
R V Basset held?
Acquitted as men don’t have breasts
Whitely V Chappell incident
.A man impersonated someone so as to vote as him
.This man was dead so did not have the right to vote in the first place
How was the literal rule used for Whitely V Chappell?
It is an offence to “impersonate a person entitled to vote”, but the man was dead so had no right to vote anyway
Whitely V Chappell held?
Acquitted because there was no offence really
Cheeseman V DPP incident
.D caught masturbating in public toilets with the door open by an on duty police officer
.Charged under the town police’s act
How was the literal rule used for Cheeseman V DPP?
The OED from the time said a passerby was someone who was passing but the police officer was stationed at the toilets to catch Cheeseman so was not passing by
Cheeseman V DPP held?
Not acquitted because he was still masturbating in public with the door open
advantages (4)
.provides predictability and reduces litigation
.follow words used rather than “seeking the intentions” of parliament
.encourages parliamentary draftsmen to be precise
.helps close loopholes in the law
Disadvantages (4)
.If it leads to absurd results they could be seen as what parliament intended
.expects an impossible level of perfection from parliament
.ignores the limitations of language
.of limited value
