Flashcards
Presumptions-Statutory Interpretation
Cards in this deck (8)
- 1What are the 5 common presumptions?The more lenient option will prevail.
Presumption in favour of liberty.
Need for mens era in criminal statutes
Consistent with International Law
Only to have prospective not retrospective effect - 2Legal Presumptions should be used when:there are unclear changes to the law, absurd results, relates to criminal behaviour and the need for mens rea, law doesn't apply retrospectively, it could cause an injustice.
- 3Nairn v University Courts of St Andrews and EdinburghHeld that such a fundamental change in law needed to be decided and changed by the court.
- 4Lord Esher in Tuck and Sons v PriesterThe option of interpretation which is more lenient will be chosen
- 5McCullough J in R v HallstromPresumption in favour of individual liberty (mental patient)
- 6Sweet v ParsleyPresumption in favour of need for a mens era in criminal statutes
- 7Bloxham v FavrePresumed to be consistent with international law
- 8Secretary of state for social security v TunnicliffePresumed only to have prospective effect
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- Flashcards on Presumptions-Statutory Interpretation, created by Fionnuala Mendha on 22/07/2014.
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- Fionnuala Mendha
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