The mischief rule

Question 1

What is the mischief rule?

Answer 1

The judge looks at the mischief the statute was intended to remedy and gives effect to it. It focuses on parliamentary intent rather than wording

Question 2

What is Heydon’s case?

Answer 2

.What was the common law before the act?
.What was the problem it was trying to solve?
.What remedy was parliament trying to provide?
.What was the true reason for the remedy?

Question 3

Smith V Hughes incident

Answer 3

.D were prostitutes who were charged under street offences act
.It was an offence to solicit in a private place
.The prostitutes were soliciting from a private premesis in windows and balconies

Question 4

Smith V Hughes held?

Answer 4

Could be seen by public so were found guilty

Question 5

Elliot V Grey incident?

Answer 5

.Road traffic act said it was an offence for an uninsured car to be used on the road
.The car was on the road and jacked up with no battery

Question 6

Elliot V Grey held?

Answer 6

It was still a type of hazard that the statute was intended to prevent so was covered by the phrase “on the road”

Question 7

Corkery V Carpenter incident?

Answer 7

.D was in charge of a bicycle whilst drunk

.It is an offence to be intoxicated and in charge of a carriage

Question 8

Corkery V Carpenter held?

Answer 8

Bicycle is classed as a carriage and the mischief was an intoxicated person on the highway being in charge of transport. GUILTY

Question 9

advantages (3)

Answer 9

.helps avoid absurdity
.leads to reform
.promotes the purpose of the law

Question 10

disadvantages

Answer 10

.risk of judical loaw making
.judges don’t always agree on how gaps should be filled
.could lead to uncertainy in the law
.scope is not as wide as the purposive approach