Statutory Interpretation- English Legal System & Criminal Law

Names of the four approaches:

Literal rule
Golden rule
Mischief rule
Purposive approach

Definition of the literal rule:

Plain dictionary definition of a word even if it leads to an absurd outcome

Names of the four approaches:

Literal rule
Golden rule
Mischief rule
Purposive approach

Definition of the literal rule:

Plain dictionary definition of a word even if it leads to an absurd outcome

Two illustrations of the literal rule:

WHITLEY v CHAPPELL (1868) - D was not guilty as a dead person is not literally 'entitled to vote'

FISHER v BELL (1960) - D was not guilty of making an 'offer for sale' as putting the flick knife in the window did not mean D was offering to sell it.

Two advantages of the literal rule:

Leads to certainty
Allows lawyers to be able to advise their clients accurately

Two disadvantages of the literal rule:

Can lead to absurd outcomes
Words can have different meaning

Definition of the golden rule:

Modification of the literal rule if a judge believes the literal rule would lead to an absurd outcome

Explanation of how narrow and wider versions differ:

Narrow - choose the meaning of the word that leads to the least absurd outcome
Wide - modify words in a statute to avoid an absurdity

Illustration of the narrow golden rule:

R v ALLEN (1872) - D married a number of women:
literal rule - n technically only marry one person
narrow rule - 'marries' just meant to undergo a marital ceremony

Illustration of the wide golden rule:

R v SIGSWORTH (1935) - D had murdered his mother and was set to inherit all her belongings as she had no will. There was no ambiguity in the Act but the courts decided it was not in the publics interest to let D inherit the money.

Advantages of the golden rule:

Respects the words of parliament
Allows the judge to choose the most sensible meaning

Two disadvantages of the golden rule:

Judges of different opinions on what will cause an 'absurd' outcome
Limited in its use
Unelected judges are beginning to make laws

Definition of the mischief rule with case:

When interpreting a statue, according to HEYDON'S CASE (1584), judges must consider:

1. the common law before the statute
2. the mischief the statute was trying to remedy
3. the remedy proposed by parliament
4. the true reason for the remedy

Two illustrations of the mischief rule:

SMITH V HUGHES (1960) - soliciting on a balcony should be classed as soliciting in a public place because the public couldn't walk passed without being harassed
ROYAL COLLEGE OF NURSING V DHSS (1981) - nurses should be registered medical practitioners in order to be able preform abortions

Two advantages of the mischief rule:

Attempts to follow the will of parliament
Helps avoid absurd and unjust outcomes

Two disadvantages of the mischief rule:

Increases the law making power of unelected judges
Relies on being able to find the mischief in the common law.

Definition of the purposive approach:

Interpreting the law in the way that judges believe parliament wanted

Two illustrations of the purposive approach:

COLTMAN V BIBBY TANKERS (1978) - an employee died when a ship he was working on capsized. the judges had to decide whether a ship is classed as defective equipment.
R V REGISTRAR - GENERAL, EX PARTE SMITH (1990) - D was a violent murder who found out he was adopted. he killed his cell mate who he thought was his real mother so when he requested to see the details of his mother, the registrar general refused and cause agreed as it would cause harm

Two advantages of the purposive approach:

Avoids absurd outcomes
Suited to the Human Rights Act

Two disadvantages of the purposive approach:

Allows unelected judges to change/ make laws
It is not for a judge to decide with parliament meant

Outline of three intrinsic aids:

Short title - quick overview
Long title - more detail
Definition section

Outline of three extrinsic aids and the 'rule' they may be used with:

Hansard (mischief and purposive) - official record of what is said in court, used when you need to know what parliament intended
Interpretation Act 1978 - 'he' includes 'she', singular includes plural, person incudes companies
Oxford English Dictionary (literal)