stat interp

• what is the literal rule?

  where words are given their plain, ordinary, dictionary meaning
• what dictionar do judges use for the literal rule?

  oxford english dictionary
• what did lord esher say in the case of R v Judge of the City of London?

  Lord Esher - R v Judge for the City of London - the court has nothing to do with the question of whether the legislation has committed an absurdity
• what cases can be used to demonstrate the literal rule?

  Fisher v Bell

  LNER co v Berriman

  Cheeseman v DPP
• what happened in Fisher v Bell?

  relevant act --> offence to offer for sale flick knives

  D had flick knives DISPLAYED in his shop window

  according to contract law shop displays are I2T

  Held: shop keeper was not offering for sale a flick knife so he was aquitted
• what happened in LNER v berriman?

  relevant statute --> a look out should be provided to warn railway workers of approching trains when RELAYING ot REPAIRING the track

  berriman was MAINTAINING track by oiling it and was hit by train, look out was no provided

  held: oiling was not relaying or repairing therefore company did not have to provide a look out and barrimans widow was not entitled to compensation
• what happened in cheeseman v DPP?

  relevant statute --> an offence to willfully and idecently expose his person in street to the annoyance of PASSANGERS

  polic officers were STATIONED outside public toilet to catch him

  cheeseman was caught masturbating

  held: passangers was given it's literal meaning and since the police officers were there specifically to catch him he was aquitted
• what is the golden rule?

  a modification of the literal rule. judges start by applying the literal rule but judges are allowed to avoid an interpretation if it will lead to an absurd results. 2 types
• what are the 2 types of golden rule?

  1. narrow application
  2. wider application
• when is the narrow application used?

  where the words are ambiguous. if the words or phrases have more than one meaning then you can choose between the meanings but beyond this you cannot go - jones v DPP
• in what case was the narrow application of the golden rule used?

  R v Allen
• R v Allen

  D attempted to marry his wife's niece while still married to his wife

  offence TO MARRY if still married

  D argued his can't be guilty as his second marriage is technically void

  judge said marry can two meanings:

  1. to become legally married
  2. to go through a ceremony of marriae - this was applied and D was guilty
• what is the wider application of the golden rule?

  where the word has one clear meaning but if apply that meaning it leads to a repugnant situation. here the judge can modify the words of the statute avoid such outcome
• in what cases was the wider application of the golden rule used?

  1. Adler v george
  2. RE sigworth
• Adler v George

  relvant statute --> offence to be in the VICINITY of a prohibited place

  D was arrested INSIDE the prohibited place

  D argued that he wasn't in the vicinity as he was inside

  Judge modified "victinity" to include inside the prohibited place too

  D was guilty
• RE sigworth

  son murdered his mum

  mum didnt make a will so her issue (next of kin) would inhert everything, in this case the son

  no ambiguity but courts didnt was murder to benefit from his crime --> repugnant situtation

  judge modified the word issue to exclude the person who murdered the deceased
• what is the mischief rule?

  where the courts look at what the law was before the relevant act was creted and what mischeif parliament wanted to cover
• what 4 crteria must be considered when applying the mischief rule?

  HEYDON'S CASE

  1. what was the common law before the act
  2. what was the mischeif and defect for which the common law didnt provide
  3. what was the remedy parliament wanted to provide
  4. the responsibility of judges to resolve the defect and advance the remedy
• in what cases was the mischeif rule applied?

  1. smith v hughes
  2. DPP v Bull
  3. crokery v carpenter
• smith v hughes

  6 women appealed against conviction - "offence for a prostitue to loiter or solicit in A STREET or public place"

  women were in a house of the ground floor, balcony or window

  held: guilty as purpose of the act was to allow people to walk freely without being solicited
• DPP v Bull

  male prostitute charged under the street offences act 1959

  found not guilty

  law was written to only apply to female prostitutes

  courts refered to the wolfenden report upon which the act was made
• corkery v carpenter

  relevant act --> offence to be drunk in charge of a carriage

  defendant was drunk and pushing his bike along the road

  he was found guilty

  act didnt mention bicycles

  courts thought the mischief parliament was trying to prevent was anyone using a form of transport whilst drunk
• what is the purposive approach?

  this goes beond the mischeif rule. judges are deciding what they believe what parliament meant to achieve and give effect to that purpose
• what cases can be used used to demonstrated the purposive approach?

  1. fitzpatrick v SHA
  2. R Quivntavalle v SSH
  3. coltman v bibby tankers
• fitzpatrick v SHA

  Act stated on the death of a tenant, tenancy property could be taken over by spouse, or a member of the family who was living with tenant. Tenant had been living with his  gay partner Fitzpatrick, when tenant died, Fitzpatrick wanted to continue renting the flat.

  HOL decided that a long standing homosexual relationship could be considered under the category of ‘family’. Trying to protect family so they do not become homeless.  
• R Quintavalle v SHH

  Act stated that embryo means a live human embryo when fertilisation was complete.

  CNR was not possible when act was passed, but parliament could not have intended to distinguish between embryos produced by or without fertilisation, as they were unaware of the latter's possibility.

  HOL deemed that organisms created by CNR came within the definition of embryo.  
• coltman v bibby tankers

  HOL had to decide if ship sunk could be considered as ‘equipment’ for the purpose of the act.

  Defined as including plant, machinery, vehicle, aircraft and clothing. Laws purpose was to protect workers in the workplace, so the ship being defective in design meant that it had caused death when sinking.  
• what are the two types of aids?

  1. extrisntic aids
  2. intrinsic aids
• what are extrinsic aids?

  external things outside the act
• what are some example of extrinsic aids?

  1. previous law on the same topic
  2. earlier case law
  3. dictionaries
  4. the Hansard
  5. law reform reports
  6. international conventions, regulations or directives
• what is the hansard?

  a written record of everything that is discussed in parliament
• what was the old rule surrounding the use of the hansard?

  that it shouldn't be used

  Lord Denning --> it should be used rather than "grope about in the dark for the meaning for the act"

  HOL disagreed
• in what case did the rule about the hansard change?

  pepper v hart
• when can the hansard be used according to the pepper v hart ruling

  1. the legislation is ambiguous, obsucure or leads to absurdity
  2. there is a clear statement by a minister that would resolve the doubt
• law reform reports and law commission reports

  were not considered by judges

  Black Clawson case changed this

  the can be used to find the mischeif or gap in the law
• international treaties anc conventions

  demonstrated: Fothergill v Monarch Airlines

  HOL said international conventions should be considered

  because when ranslating EU law, true meaning can be lost

  also said any preparoty material or explanatory notes can be used
• what are intrinsic aids?

  clues found within the act that may make its meaning clearer
• what ar some examples of intrinstic aids?

  1. the long title
  2. the preamble
  3. marginal notes
  4. schedules
  5. punctuation in the act
• the long title

  this can be useful as it sets out purpose of the act

  used in Royal college of Nursing v DHSS to help interperate the abortion act 1967
• the preamble

  a statement at the start of an act that sets out its purpose

  e.g. the theft act 1968 sets its aim is to modernise the law on theft