Unit 1 - Statutory interpretation

Question 1

Give the definition of the literal rule

Answer 1

the plain, ordinary meaning of words. This is used when there is a broad/ambiguous term in an act, it is applied even if it can cause manifest absurdity.

Question 2

Give a case that aligns with the literal rule (brief case facts, statute, wording, outcome)

Answer 2

LNER v Berriman, oiling points is not the same as “relaying or repairing”. Fatal accidents acts 1846. Worker was killed due to no lookout

DPP v Cheeseman, police caught D masturbating in a toilet, police didn’t count as “passengers” so D was not convicted. Town police clauses act 1847

Question 3

Give two advantages of the literal rule

Answer 3

• it creates certainty in the law
  If all judges in all cases interpreted the same words the same way, cases would be decided in the same way.
  DPP v Cheeseman (town police clauses act 1847)
  consequence: benefits defendants and lawyers as they understand the likelier outcome of the case; public knows what is legal or not.
• Respects parliamentary supremacy
  Ensures judges interpret and apply the law exactly as it is written by parliament, even if it causes a manifest absurdity.
  LNER v Berriman (Fatal accidents act 1846)
  “relaying and repairing” is not the same as “oiling points”
  consequence: This gave the wording in the statute it’s literal meaning, as written by parliament.

Question 4

Give two disadvantages of the literal rule

Answer 4

• It leads to absurd decisions
  parliament is not able to legislate for every eventuality, statutes don’t cover every situation which arrives
  DPP v Cheeseman, town police clauses act 1847, judges would not convict D because police officers do not count as ‘passengers’. D was therefore acquitted of masturbating in a public toilet
  consequence: Tolerates mischief and unlawful acts, does not uphold parliament’s intention. Defendant had and may continue to harass public
• Assumes unattainable perfection in draftmanship
  Literal rule falsely assumes that parliament draft statures perfectly to cover every eventuality.
  e.g: LNER v Berriham, Fatal accidents act 1846, victim was involved in a train accident, company provided no look out, “relaying or repairing” not same as “oiling points”
  consequence: did not achieve parliament’s aim to improve railway safety. Statute’s claim was too narrow and could not favour other dangerous jobs.

Question 5

How does the golden rule work?

Answer 5

1) start by using the literal rule

2) if it leads to an absurd result, golden rule will be used to avoid it

Question 6

Explain the narrow approach of the golden rule

Answer 6

1) ambiguous words

2) courts can choose a specific meaning

Question 7

Explain the broad approach of the golden rule

Answer 7

Where a word has one clear meaning that leads to an absurd outcome, courts modify the meaning of the word to avoid absurdity.

Question 8

Describe the case for the narrow approach (tip= explain outcome of the literal rule)

Answer 8

R v Allen = D was charged with bigamy under s57 OAPA 1861
“it is an offence for a married person to marry another”
1) person is again legally married
2) ceremony of marriage/ not guilty

judges used golden rule to convict D, upholding parliament’s intention.

Question 9

Describe the case for the broad approach

Answer 9

Adler v George = Official secrets act 1920, “an offence to obstrut a member of the armed forces in the vicinity of a prohibited place”
literal rule = D is not guilty as he was not in the vicinity of
Golden rule was used to convict D and changed wording to “in or in the vicinity” of

Question 10

Give the four rules of Heydon’s case

Answer 10

1) What was the common law before the act was made?
2) what was the mischief for which the law did not provide?
3) What was the remedy that parliament created to cure the disease of the commonwealth?
4) What was the true reason for the remedy?

Question 11

Explain how the mischief rule works

Answer 11

Discover what the “mischief” the statute/rule in question was created to eliminate and to look past the literal meaning of words

Question 12

What does the mischief rule do?

Answer 12

• It allows the judges to look past the literal meaning of words
• It allows judges to interpret statutes to stop mischief
• Avoids injustices and absurdities which literal rule can do

Question 13

Describe the case of Smith v Hughes.

Answer 13

Prostitutes were harassing and soliciting prostitution through a window. In street offences act 1959, it was illegal for women to “solicit prostitution in a street or public place”. Mischief rule was used to stop prostitution in public. Literal rule would have acquitted them