Law Statutory Interpretation

Case for literal rule (do not need to list facts)

Whiteley v Chappell (1868) – defendant charged with impersonating “any person entitled to vote”. He impersonated a dead man (not entitled to vote), so not guilty. Showing the absurdity of this rule.

Cheeseman v director of public prosecution

 Police Found man masturbating in the bathroom but because they were not “passengers” which is what the law states for this be for this to be a public disturbance but because these policemen were stationed there Cheeseman was found not guilty. The law states that he must be wilfully and indecently exposing his person in a street to the annoyance of passengers.

Literal Rule

Judges give words their plain, ordinary, dictionary meaning, even if the result seems harsh or absurd

Golden Rule

o   Judges modify the literal meaning to avoid an absurd result.

o   Narrow approach: choose between two possible meanings.

o   Broad approach: modify the words to avoid absurdity.

Golden Rule Case Study

Re Sigworth (1935)

• A man murdered his mother.

• Under the Administration of Estates Act 1925, if someone dies without a will, their estate passes to the next of kin.

Literally applied, the murderer (her son) would inherit her estate

Mischief Rule

o   Judges look at the “mischief” (problem) the Act was intended to remedy and interpret accordingly.

o   Comes from Heydon’s Case (1584).

Mischief Rule Case Study

o   Smith v Hughes (1960) – prostitutes soliciting from windows/balconies argued they weren’t “in the street”. Court applied mischief rule → the law intended to prevent solicitation to people in the street, so guilty.

Purposive Approach

o   Modern version of mischief rule, judges focus on Parliament’s purpose/aim (often using EU law and Human Rights Act influences).

Purposive Approach Case Study

R v Registrar-General ex parte Smith (1990) – adopted son wanted birth certificate under Adoption Act. Although literally entitled, court denied because Parliament could not have intended to put mother at risk (he was a murderer). They look at the “spirit” of the law