Statutory Interpretation (Literal Rule)

Gives words their plain, ordinary and natural meaning

Assumes Parliament must have intended what has been written

Normally achieves approach Parliament intended but may not always be the case

Whitely v Chappel

  1. Act makes an offence to impersonate 'any person entitled to vote'
  1. Dead person not entitled to vote
  1. Found not guilty

Berriman

Phrases concerned

'entitled'

  1. Killed when oiling and cleaning products
  1. relevant law stated look outs were provided where employees were related to 'relaying or repairing'
  1. Does cleaning the same as repairing
  1. not given compensation because he was maintaining the track and not repairing it

Cheeseman

  1. It is an offence for a person to 'wilfully and indecently exposing his person in a street to the annoyance of passengers'
  1. Cheeseman found exposing himself by police officers in a public lavatory
  1. Case centred on the word 'passengers'
  1. 'Passenger' meant a passenger by or through; a traveller (usually on foot); a wayfarer
  1. Not prosecuted as policemen were not 'passengers'

Benefits of literal rule

  1. Respects the supremacy of Parliament
  1. It is democratic
  1. Allows certainty and consistancy by following the words set by Parliament
  1. judges will reach the same conclusion

Negatives of the literal rule

  1. No flexibility to meet the changing of society
  1. Too simplistic
  1. Ignores the nature of the word and language