ELSC SBAQs

• In the case of Corkery v. Carpenter [1951] 1 KB 102 the court held that under s.12 of the Licensing Act 1872, a person found drunk in charge of a 'carriage' on the highway may be arrested without a warrant.

  In that case the court took the view that the word 'carriage' could include a bicycle for the purpose of construing the Act.

  What mischief or mischiefs do you think the Act intended to remedy?

  Injury of pedestrians form drunken road users

  Injury of pedestrians
• The case of Smith v. Hughes [1960] 2 All ER 859, considered the meaning of s.1(1) of the Street Offences Act 1959. It is an offence under that Act for a prostitute to solicit in a 'street or public place'. The women were not actually in the street, but were inside their homes, tapping on their windows and calling to attract the attention of men.

  Which of the following reflects the correct consequences of applying the rules? There is more than one correct answer.

  
  

  Literal Rule: acquittal

  Mischief Rule: conviction

  Golden Rule: conviction