CS - Statutory interpretation

• Whiteley v Chappell (1868)


  Literal Rule - D was charged with impersonating 'any person entitled to vote' at an election. D was acquitted because he impersonated a dead person who is not entitled to vote.
• LNER v Berriman (1946)


  Literal Rule - a railway worker was only entitled to a lookout if they were 'relaying or repairing' the track. Widow was unable to claim compensation for the death of her husband who was oiling the track.
• R v Allen (1872)


  Golden Rule - the offence of bigamy is committed by marrying someone while still legally married to another. Literally, it is impossible to commit the offence. The Court held that 'marry' should be interpreted to mean 'to go through a ceremony of marriage' and convicted Allen.
• Re Sigsworth (1935)


  A son, who murdered his mother, was prevented from inheriting his mother's estate under the Administration of Estates Act 1925. The wording of the Act was clear - D was the 'next of kin' - but the Court did not want the murderer to benefit from his crime as the outcome would be absurd.
• Smith v Hughes (1960)


  Mischief Rule - the words 'soliciting in the street' in the Street Offences Act 1958 were held to include soliciting from the window of a house. The Court said that the aim of the Act was to allow people to walk along the streets without being solicited.
• Royal College of Nursing Case (1981)


  Mischief Rule - the Court had to consider the wording of the Abortion Act 1967 which allowed 'registered medical professionals' to carry out abortions. The Court was aiming to address illegal backstreet abortions and decided that nurses supervising part of the procedure was not unlawful.