Statutory Interpretation Cases

Statutory Interpretation Cases

1. Literal Rule

   • Whitley V Chappell
     • Electoral Fraud - Dead person "entitled to vote"
   • Lner Railway V Berriman
     • Dft company under duty to keep a look out when repairing or relaying, Berriman was killed oiling (Maintaining) - Not Covered
   • Fisher V Bell
     • Displayed flick knife in window with price marked, charged under statute for "offer for sale" flick knife, under contract law putting something in a shop window is an "invitation to treat"

2. The Golden Rule

   • Narrow version
     • Allen
       • D was charged with bigamy under s.57 OAPA "whosoever being married marries again commits an offence"
         • Law on marrige said if married any other marrige is void
           • Impossible to be guilty of bigamy, court changed meaning to "go through a ceremony of marrige"
     • Adler V George
       • D caught inside RAF base staging a protest, statute said "obstructing a member of the armed forces in the vicinity of a base" defence was inside was not in the vicinity court said normal meaning was absurd so changed it to mean "near to and within"
   • Wide Version
     • RE Sigsworth
       • Son murdered his mum, she hadnt made a will so her estate(money, property ect) wouldve gone to her issue (nearest relation) , no ambiguity in statute but court thought letting a murder benefit from his crime was absurd

3. Mischeif rule

   • Smith v Hughes
     • interpret offence of "prostitute soliciting in street or public place" one was on balcony other in window rightly convicted as mischief was to stop public being harassed by prostitutes
   • RCN V DHSS
     • Statute said lawful abortion could only be carried out by "registered medical practitioner" this covered doctors but what about nurses?
       • Statute was there to stop the mischief of illegal abortions where no medical care was available so nurses were allowed to carry out abortions in hospitals

4. Purpusive approach

   • Coltman V Bibby Tankers
     • Statute imposed liability on employer for death of employee from "defective equipment" supplied by employer " the defective equipment was the hull of the ship he was working on
       • Statute had defenition section which which defined equipment but didnt mention a defective hull, court decided ships hull was covered and the statute was to make the employer liable for employees death due to anything "supplied by the employer"
   • R V Registrar General Ex-Parte Smith
     • D was a violent murderer with mental issues, he killed a cell mate who he believed to be his adopted mother, adoption act 1976 said he was entitled to know his real mothers identity however this information was with-held as it "could have never been parliaments intention to help a murderer with his possible crimes"