case examples of statutory interpretation

case examples of statutory interpretation

1. name of case

   • deing v. tarola (1993)
   • AG V. kevin and jennifer and human rights and equal opportunity commission (2003)
   • mansfield v. kelly (1972)

2. summary of effects

   • a man was charged under the control of weapons regulations 1990(vic.) with possessing a regulated weapon, he was wearing a black sudded belt to hold his trousers which police argued was a weapon
   • kevin was born as a female but had lived as a man and had gender reassignment surgery. kevin and jennifer wanted to get married and applied to the family court to have their marriage validated. the marriage act 1961 required a celebrant perform a marriage between a woman and a man . the attorney general argues that kevin was born female and that a marriage between two females was not valid.
   • defendant was charged under the summary offences act 1966 (vic.) with being drunk in a public place. he was in his private car parked on a public road, and argued he was in a private place.

3. words to be interpeted.

   • regulated weapons in the control of weapons regulation.
   • man in the marriage act and family law act.
   • public place within s.13 of the summary offences act.

4. courts decision

   • after consulting a dictionary, legal journals and previous decisions onthe interpretation of 'weapon' , justice beach held that a studded belt used as an article of clothing is not a weapon, although it could be used as one.
     • effects: restricted the definition of weapon to those things likely to be used more offensive or aggressive purpose only.
   • the full court of the family court found that the word 'man' in the statute should be determined at the date of marriage , and they found kevin to be male. the marriage was valid.
     • effect: the word "man" was given its current meaning, and to take into account changes in technology and society.
   • that being in a private car parked in a public place amounted to being in a 'public place'.
     • effect: extended the meaning of 'public place' to include being in a private car parked in a public place.