Flashcards
Statutory interpretation Mischief rule
Cards in this deck (4)
- 1Heydon's case What was the common law before making the act? What was the mischief and defeat in that law?What was the remedy law past to cure this?
- 2Smith v Hughes Street offences act 1959, words interpreted were ' soliciting in public place', defendents argued that they were on private property as they were on balconyJudged said that they were still commiting the offence the act tried to prevent therefore the judge incldued the balcony in the meaning 'public'
- 3Cockery v Carpenter D was charged under s.12 of of the licensing act 1872, the word 'carriage' was interpreted as he was riding his bicycle under the influence of alcohol.D said that his bicycle was not a 'carriage but the mischief the act was trying to prevent was drunk driving therefore so judge included bicycle as a carriage;
- 4Royal college of nurses v DHSS The judges questioned the meaning of the 'registered practioner' used in abortion act 1967.The Judged allowed nurses to be known as practitioners as it was a safe way to have abortions which was the purpose of the act.
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- Flashcards on Statutory interpretation Mischief rule, created by Liam Hurlock-Bro on 28/04/2016.
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- Liam Hurlock-Bro · Apr 2016
- Updated
- Apr 29, 2016
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