crim ac 1.1

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