Unit 1: SI Flashcards
Define golden rule
Similar to literal rule unless it’s leads to results of absurdity and will adjust the meaning of the word as far as necessary
Define Mischief rule
Used to find what parliament meant to address and what was wrong with the previous law that meant for it to change
Define purposive approach
Modern descendants of mischief rule considers what Parliament intended to stop happening
Lner v Berryman
Literal
Man died oiling tracks compensation was given if he was fixing, oiling came under maintaining
Cheeseman v DPP
Literal
Defined passenger and was found guilty of masturbating in public
Fischer v Bell
Literal
Man displayed illegal knife, defined word “sale” and found “invitation to treat” therefore was found not guilty
Advantages of Literal rule
Quick and easy
DPP v Cheeseman
Uphold parliamentary supremacy
Disadvantages of Literal rule
Can lead to absurd results
Zander- “divorced from realities of the use of language”
Difficult to apply definition
R v Allen “marry”
R v Harris
Literal
Man bit someone’s nose and it was an act that said “stab, cut or wound” implying the use of a weapon. No weapon was used
Royal college of nursing v DHSS
Mischief
Nurses were not allowed to give abortions to prevent back street abortions. However, allowed them to do so
Heydons Case
Mischief Common law? Mischief behind act? What was the remedy? Apply the remedy!
Quantavelle
Purposive
Illegal to fertilise embryo, was not aware of future development into medicine and life saving equipment
Golden rule:
broad approach
Allows courts to look at literal meaning which would leads absurdity. Change definition to such a degree
Adler v George
Broad
To be within the secret place was an act to be within the vicinity of the secret place. Therefor changed the meaning
Re Sigworth
Tried to kill mother for money, but was not allowed he money because he committed murder
Golden rule:
Narrow
Literal meaning of a word but least absurd definition of word will be chosen
R v Allen
Narrow
Offence to marry twice, so took meaning to “go on with ceremony” was Found guilty anyway
Lord denning purposive
We sit here to find out intention of parliament and we do this by filling in the gaps and making sense of the act
Smith v Hughes
Purposive
Prostitution on the streets, made it illegal so they moved to balcony. Saw intention and they were found guilty
Define literal rule
This rule requires judges to give the word or phrase in their plain Oxford English dictionary meaning. Year of the act when made
