GOLDEN RULE Flashcards
Golden rule
Starts with the literal rule, hit of this creates absurdity which parliament could not have intended they are allowed to avoid it by using the golden rule
Who supports it
Lord Wensleydale
What was his supporting comment
The literal meaning of the word is to be used unless that would cause absurdity or something people wouldn’t agree with or inconsistency with the rest of the act in which case the literal meaning may be changed to avoid inconsistency and weird decisions
Two approaches to the golden rule
Narrow and broad
Narrow approach
Where a word has more then one meaning and it’s hard to see which meaning is appropriate
Broad approach
Where the meaning is clear but the outcome would be repugnant
R v Allen
Under the offences against the person act it states ‘shall marry’ should be interpreted to mean ‘shall go through a marriage ceremony’ Allen went through two marriage ceremony’s, the first he was legally married and the second not legally.. he was charged with bigamy
Maddox v storer
Under the road traffic act it was an offence to drive at more than 30mph in a vehicle ‘adapter to carry more than 7 passengers’ the defendants minibus was made to arty 11 passengers it was held that adapted to carry should be interpreted to include made to carry. Adapted could be taken to mean suitable for
Re sigsworth
He killed his mam she had no will so tried to get all her money and everything she owns. Under the administration of justice act her things would be passed on to him her next of kin. But court said he couldn’t have any of her belongings as it would be morally repugnant as he killed her for it
Adler v george
The defendant was charged under the official secrets act with obstructing a member of the armed forces ‘in the vicinity of any prohibited place’ the court after that the obstructing took place in the prohibited place itself
The court held that ‘in the vicinity of’ could mean ‘near to’ or both ‘near to and within’ and chose the later meaning to secure a conviction
