119142
Description
Mind Map by ebonyjuddy636, updated more than 1 year ago
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Created by ebonyjuddy636
almost 11 years ago
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case
examples of
statutory
interpretation
- name of case
- deing v. tarola (1993)
- AG V. kevin and
jennifer and
human rights and
equal opportunity
commission
(2003)
- mansfield v. kelly (1972)
- deing v. tarola (1993)
- 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.
- 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
- 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.
- regulated weapons in the
control of weapons
regulation.
- 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.
- 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.
- 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.
- effect: extended the
meaning of 'public place'
to include being in a
private car parked in a
public place.
- 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.
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