mischief rule advantages - model answer

• One main advantage is that the mischief rule gives judges flexibility to decide what the actual 'mischief is that parliament was trying to prevent, they do this by looking beyond the words in the act and look at the broader aims of law. For example, the rules in Heydon's case serve as guidelines for the judge to use, they allow a judge flexibility, however they ensure that judge flexibility, however they ensure that judge remains focused on the 'mischief the law was trying to prevent.
• The mischief rule allows a judge to ignore the wording of a statute to ensure the right outcome is reached in a particular case. This provides a decision which is effective and works in this situation. In the case of Smith v Hughes under the literal application of the Street Offences Act 1959, the defendant wasn't guilty, as she wasn't in the street. However, the mischief rule focuses on the 'mischief' in the case and found defendant guilty. This was a practical response to a specific issue in this case.
• This type of statutory interpretation allows a judge to avoid an unjust result in a case. By allowing a judge to interpret the law and deliver a just outcome, this is applied in future cases to ensure that justice is delivered in future as well. In Royal College of Nursing v DHSS, the mischief rule was used to avoid an unfair result. The law wasn't designed to stop nurses performing abortions, it was designed to allow them to occur in a safe controlled environment in a hospital. The mischief rule recognised this and avoided this unfair result.
• Another advantage of the mischief rule is that it allows judges to look backwards over the gaps that are evident in the Law and attempt to promote what they believe parliament wanted the law to be. This makes it more likely for Judges to apply the Law creating a fair and just outcome as in Smith v Hughes. The public would likely to agree with decisions like these
• A final advantage is that it is Law Commission approval, in 1969 stating that the only rule of statutory interpretation used.