case examples of statutory interpretation

ebonyjuddy636
Mind Map by , created over 6 years ago

Australian Capital Territory - Australian Capital Territory Year 12 Certificate legal Mind Map on case examples of statutory interpretation, created by ebonyjuddy636 on 06/02/2013.

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ebonyjuddy636
Created by ebonyjuddy636 over 6 years ago
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case examples of statutory interpretation
1 name of case
1.1 deing v. tarola (1993)
1.2 AG V. kevin and jennifer and human rights and equal opportunity commission (2003)
1.3 mansfield v. kelly (1972)
2 summary of effects
2.1 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
2.2 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.
2.3 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.
3.1 regulated weapons in the control of weapons regulation.
3.2 man in the marriage act and family law act.
3.3 public place within s.13 of the summary offences act.
4 courts decision
4.1 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.
4.1.1 effects: restricted the definition of weapon to those things likely to be used more offensive or aggressive purpose only.
4.2 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.
4.2.1 effect: the word "man" was given its current meaning, and to take into account changes in technology and society.
4.3 that being in a private car parked in a public place amounted to being in a 'public place'.
4.3.1 effect: extended the meaning of 'public place' to include being in a private car parked in a public place.

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