KKDP: 7 reasons for, effects of, statutory interpretation

Definition

• when a case is brought before the court that has unclear words or phrases, a judge “interprets the words of the statue”

reasons for and effects

Reasons for

• problems in the drafting process eg. a mistake

• problems that occur when a court is applying teh act of parliament to resolve a case e.g legislation is to vague

effects of

• the interpretation is now changed eg. words/phrases are given meaning

studded belt case/discuss the impact of stat on on courts and parliament to make law

facts

• a person was charged with possession of a regulated weapon (studded belt)

• magistrate found that the person was guilty of possesing a weapon as per the “control weapons Act (1990 vic)” an article of clothing with raised studs was a weapon

• supreme court of appeal decided that belt could only be classified as a weapon if it was

• changed the definition of what a weapon was in the dictionary that is used in combat rather than holding up someones pants