Statutory Interpretation Flashcards

1
Q

Why statutory interpretation is used

A

Act may be broad
Drafting error
Unclear/confusing
Changes in language

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2
Q

4 types of statutory interpretation

A

Literal rule
Golden rule
Mischief
Purposive

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3
Q

Literal rule and cases

A

Give words in act their ordinary meaning.

Fisher v Bell-illegal to sell, hire or offer. Wasn’t doing that so not guilty
DPP v Cheeseman-policemen were not passengers, so D was not guilty of masturbating in a public toilet
Berriman-not entitled to compensation as husband wasn’t repairing track, he was ‘maintaining’ it

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4
Q

Golden rule

A

When literal rule leads to an absurd outcome

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5
Q

2 approaches of golden rule

A

Narrow-choose between 2 or more definitions

Broad-judges add words to the act

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6
Q

2 cases for golden rule

A

R v Allen-2 definitions of marriage, judge chose ‘a wedding ceremony’, so you can only get legally married once

Adler v George-D was inside, not in ‘vicinity’, so judge added the word inside

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7
Q

Mischief rule

A

Looks at what parliament aimed to prevent

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8
Q

What outlines the process of mischief rule (4)

A

Heydon

  1. What was the common law before
  2. What was the mischief (defect)
  3. What remedy did parliament try to provide
  4. Judges give effect by interpreting accordingly
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9
Q

Mischief rule case

A

Royal College of Nursing v DHSS-illegal for a non-registered medical practitioner to perform abortions. Literally, nurses were guilty, but judges found the mischief to prevent backstreet dangerous abortions, so not guilty.

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10
Q

Purposive approach and case

A

Judges find parliaments intention by looking at what they were trying to achieve

Pepper v Hart-whether tax was due on reduced school fees. Used hansard where it stated tax was not payable

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11
Q

Aids to interpretation types and examples

A

Intrinsic e.g short/long titles help identify purpose
preamble
Extrinsic e.g Hansard(Pepper v Hart), dictionary at time of passed(Cheeseman), law commission reports (Black Clawson-helped identify why act was made)

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12
Q

Rules of language (3)

A

Ejusdem generis-of the same kind
Expressio rule-express mention of one thing excludes all others
Noscitur a sociis-take the meaning from the company it keeps

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13
Q

Ejusdem generics case

A

Powell v Kempton Park Racecourse

‘Other place’ only referred to indoors, so not liable as was betting outdoors

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14
Q

Expressio rule case

A

Tempest v Kilner-D sold stocks and shares which weren’t on specific list, so not included.

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15
Q

Noscitur a sociis

A

Inland Rev v Frere
Mentioned Interest, annuities and other annual interest. Since annuities and annual interest is paid yearly, the first interest should be paid annually too

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