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crim ac 1.1
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Cards (11)
statutory interpretation
a
judge
has to
determine
the
meaning
of a
law
when there is an
issue
literal rule + case?
takes the
plain
and
simple
meaning of a
word
/
term
/
phrase
fisher
v
bell
golden rule + case?
used when the
literal rule
creates an
absurdity
to solve it
adler
v
george
mischief rule + case?
used when there is
mischief
created -
an
issue
- to determine the
intention
of an act
smith
v
hughes
purposive
approach
judge determines the
purpose
of an act
r
v
z
intrinsic aids
sources
inside
the act e.g rules of
language
ejusdem generis
’others’
must be of the same
type
powell
v
kempton
expressio
rule
judges won’t add
words
to a
closed
list
tempest
v
kilner
noscitur a sociis
other
words in the phrase can help determine the
meaning
foster
v
diphwys
extrinsic
aids
sources
outside
the act e.g other
acts
,
dictionary
,
hansard
hansard
record of
speeches
made in
parliament
use
authorised
in
pepper
v
hart