Application

• Prostitutes were soliciting from private premises in windows or on balconies and could be seen by the public. The case concerned a prostitute who was in a house, tapping on the window to attract the attention of passer-by's.

  Legal Principle:

  The mischief approach was used and the prostitutes were found guilty. Previously there was no law against soliciting. Being solicited especially on the street wasn't nice for the public and was a big problem. The act banned soliciting in the street or public place to stop soliciting; or at least make sure the public didn't see it.
• Applying the literal rule, an offence hasn't been committed: the prostitutes were soliciting from private premises so hadn't committed the crime.
• Applying the golden rule, an offence had been committed and one could argue that windows and balconies are public areas of private premises since people can interact and be seen by the public from those positions.
• Applying the mischief rule, an offence had been committed: the intent of the act was to stop prostitutes soliciting the public and to protect them from it. As a result, the public can still see and be seen by the prostitutes so they are still exposed to it.
• In my opinion the prostitutes should be found guity as windows and balconies are open to the publics view and therefore the public can still see it occur.

  The golden rule and mischief rule have been applied.