week 2 - courts + interpreting statutes

Question 1

what case is an example of the literal rule being used?

Answer 1

whiteley v chappell (1869)
a statute made it an offence to impersonate “any person entitled to vote” and the defendant impersonated a dead person.
Verdict: because dead people were not entitled to vote, the defendant was acquitted.

Question 2

what case is an example of the golden rule being used?

Answer 2

alder v george (1964)
defendant was charged under the official secrets act 1920 with obstruction “in the vicinity of a prohibited area”, defendant argued that as they were inside the area this was not in the vicinity of it.
Verdict: using the golden rule, the statute was interpreted that being “in the vicinity” of the area also meant being inside it.

Question 3

what case is an example of the mischief rule being used?

Answer 3

corkey v carpenter (1950)
c was charged with “being drunk on the highway in charge of a carriage”, C was riding a bicycle so question was whether a bike could be regarded as a carriage.
Verdict: court looked to see what the statute intended and decided that a “carriage” could be interpreted as including a bicycle.