Statutory Interpretation (Literal Rule) (Cheeseman ( It is an offence for…
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
Act makes an offence to impersonate 'any person entitled to vote'
Dead person not entitled to vote
Found not guilty
Killed when oiling and cleaning products
relevant law stated look outs were provided where employees were related to
relaying or repairing
Does cleaning the same as repairing
not given compensation because he was maintaining the track and not repairing it
It is an offence for a person to 'wilfully and indecently exposing his person in a street to the annoyance of passengers'
Cheeseman found exposing himself by police officers in a public lavatory
Case centred on the word 'passengers'
'Passenger' meant a passenger by or through; a traveller (usually on foot); a wayfarer
Not prosecuted as policemen were not 'passengers'
Benefits of literal rule
Respects the supremacy of Parliament
It is democratic
Allows certainty and consistancy by following the words set by Parliament
judges will reach the same conclusion
Negatives of the literal rule
No flexibility to meet the changing of society
Ignores the nature of the word and language