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LAW-Statutory Interpretation > Presumptions > Flashcards

Flashcards in Presumptions Deck (17)
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1
Q

To what extent are presumptions used ?

A

They are a starting point, however if the statute clearly states the opposite then the presumption will not apply and it is said the presumption is rebutted

2
Q

What is it called when a presumption does not apply if the statute clearly states the opposite?

A

it is rebutted

3
Q

How many main presumptions are there?

A

4

4
Q

What are the 4 main presumptions?

A

1) A presumption against a change in the common law
2) A presumption that mens rea is required in criminal cases
3) A presumption that the Crown is not bound by any statute unless the statue expressly says so
4) A presumption that legislation does not apply retrospectively

5
Q

What does it mean by the presumption against a change in the common law?

A

it is assumed that the common law will apply apply unless Parliament has made it plain in the Act that the common law has been altered

6
Q

What case is an example of the presumption against a change in the common law?

A

Leach v R 1912

7
Q

What was the case Leach v R 1912 regarding the question of?

A

question was whether a wife could be made to give evidence against her husband under the Criminal Evidence Act 1898

8
Q

What was the Act of Parliament in dispute in the case Leach v R 1912?

A

Criminal Evidence Act 1898

9
Q

What was the outcome of the case Leach v R 1912?

A

That as the Criminal Evidence Act 1898 had not expressly said that a woman should be made to give evidence against her husband then the common law rule that a wife could not be compelled to give evidence still applied

10
Q

What power now expressly states that in a crime of violence one spouse can be made to give evidence against the other spouse ?

A

s80 of PACE 1984

11
Q

What is meant by a presumption that mens rea is required in criminal cases?

A

the basic common law rule is that no one can be convicted of a crime unless it is shown that they had the required intention to commit it

12
Q

What case illustrates the presumption that mens rea is required in criminal cases?

A

Sweet v Parsley 1970

13
Q

What were the facts of the case in Sweet v Parsley 1970?

A

The defendant was the owners of the premises which had been leased out and the tenants had smoked cannabis there without knowledge

14
Q

What was the defendant charged with in Sweet v Parsley 1970?

A

D was charged with ‘being concerned in the management’ of the premises

15
Q

What was the key issue in Sweet v Parsley 1970?

A

key issue was whether mens rea was required as the Act did not expressly say there was any need for knowledge of the events

16
Q

What was the decision of the HOL in Sweet v Parsley 1970?

A

Held D was not guilty as the presumption that mens rea was required had not been rebutted

17
Q

What does it mean by a presumption that legislation does not apply retrospectively ?

A

This means that no Act of Parliament will apply to past happenings each Act will normally only apply from the date it comes into effect

(cannot be convicted of something you did 10 years ago which had been made law 10 years on)