the mischief rule

• What is the mischief rule?

  A way that judges interpret the law by looking to see what mischief the law was designed to prevent.
• from which case did the mischief rule originate from?

  Heydon's case 1584
• What are the four elements of the mischief rule?

  What was the common law position before the Act?

  What was the problem that the common law didnt provide for?

  What remedy the parliament select?

  The judge must interpret and apply the act in light of the previous questions.
• what was the significance of the case of smith v hughes?

  It illustrates the use of the mischief rule
• What are the facts of smith v hughes?

  it was in this case that the mischief rule was used to interpret s1(1) of the Street Offences Act 1959 which said that “it shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution”.
• what was the outcome of smith v hughes?

  the 6 defendands were all convicted even though they were not literally in the street, as they were in their houses tapping windows to attract men.