Statutory Interpratation - Cases

Question 1

Literal Rule

Answer 1

DPP V Cheeseman - police officers who caught the defendant weren’t considered as passengers and so defendant was not guilty

Question 2

Golden Rule - Narrow

Answer 2

R V Allen - Judge used a different meaning of the phrase “ to marry “ to find defendant guilty

Question 3

Golden Rule - Broad

Answer 3

Alder V George - extended the interpretation of a term to find defendant guilty

Question 4

Mischief Rule

Answer 4

Smith V Hughes - Prostitutes were behind windows calling to men as it was an offence to “ solicit in a street or public place “ and so judge decided the mischief the Act was designed for was to prevent men being harassed by prostitutes and so the defendant/s were guilty

Question 5

Purposive Approach

Answer 5

Quintavelle - development in fertilisation methods couldn’t be foreseen so parliament used purposive approach to make it okay