mishchief rule

• what is the mischief rule?

  An approach to interpreting the law where Judges look at an act of parliament to see what 'mischief' it is designed to prevent
• What case did the mischief rule originate from?

  Heydon's case in 1584
• what is the first element of the mischief rule?

  WHat was the common law position before the act
• What is the second element of the mischief rule?

  WHat was the problem that the common law didnt provide for
• What is the third element of the mischief rule?

  What remedy did parliament select
• What is the fourth element of the mischief rule?

  The judge must interperate and apply the act in light of what remedy was selected in the common law from element three
• what is the significance of section 1(1) of the street offences act in terms of the mischief rule?

  The mischief rule was used to interperate what was stated, " It shall be an offence for a common prostitute to loiter or solicit in a streeet or public place for the purpose of prostitution".
• What is the significance of the case of smith v hughes in terms of the mischief rule?

  It was an example of said rule being used- 6 women were all convicted even though they were not literally in the street, as they were in their houses tapping windows to attract men.