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Statutory Interpretation - Coggle Diagram

- - - - Example; Dangerous dog act 1991. "Any dog of the type known as the Pitbull terrier" What is meant by Type
        
        "Discussed in the case Brock V DPP(1993), in Crown court, it was eventually defined that it didn't have to be a Pitbull, as long as it had similar features of one
    - - Occurs when a bill has been redrafted several times
    - - Example; Nursing V DHSS (1981) Methods and tech for abortion had changed since the 1967 Abortion act
    - - Example Cheeseman V DPP(1990)
- - - - I.E. Not every statute can be translated perfectly into different languages (European Law)
  - - - Takes the meaning of a word, but allows to change the meaning if the result is absurd
      - 2 Views
        
        Narrow Application
        
        Only choose between possible meanings of a word/phrase
        
        Example; Adler V George (1964) Made a offense of obstructing the Queens vicinity in a prohibited place
        
        Defendant argued that it only applies to those in the vicinity, not inside the place
        
        Wide application
        
        Results in a pungent(conflicting) situation
        
        R.D Sigsworth(1935)
        
        Son murdered his mother which according to administration of states act (1925) will inherit her things as her issue(will recipient)
        
        Son didn't inherit as they used the golden rule
  - - - Example; Whiteley V Chappell (1868)
        
        Defendant was charged against pretending to vote as another person, but the person he pretended to be was dead
        
        Found not guilty because a dead person was not entitled to vote
      - Issues also occur when there is more than one meaning for a word
  - - - Looks to what the law was before act was passed, to look for what mischief(rule) the act was intended to cover
        
        Considered to give a more just result
        
        Limitiations
        
        May overrule Sovergnity of parliament because they might impose their own rules too much
        
        Judges don't always agree
        
        Unknown when and what the result might be, makes it hard to advice clients
        
        Example Smith V Hughes (1960) Used to interpret Street offenses act (1959). Illegal for a prostitute to loiter or solicit(try obtain something from someone) on the streets for prostitution
        
        But the women had not been on the street, but inside the building or a public place. Instead soliciting customers from knocking on the window
        
        The judge looks at the purpose of the rule and declared them guilty because the intent of the law was to disturbance from public areas
- - - - Temptest V Kilner (1846)
        
        Acquired a list of trading goods with stocks with a written contract . but the list was not followed by any general words of stocks, so while they got the other goods within the list, they had lost the stocks
    - - Word must be looked at in context
        
        Inland Revenue Commissioners V Frere (1965)
        
        Section said interest, but since there was only mention of annual interest, it was decided interest was only annual instead of monthly
    - - Example; Hobbs V CG Robertson(1970
        
        Workmen injured his eye, claimed compensation with the regulation of providing googles to workmen when cutting Brick. slab, concrete were the types of materials the company had to insure for. But court said Brick was not Ejusdem Generis and couldn't get compensation
- - - - Nobody can be convicted unless they have a motive
        
        Sweet v Parsley (1970)
        
        People smoked cannabis in her allotment, but was found not guilty for she didn't know they were smoking and therefore had no motive
    - - Leach V R (1912)
        
        Wife could not be compelled to give evidence to impression her husband, in the past. This has now been rectified in modern day
    - - Cant use an act for a case 1 month ago etc...
- - - - Undisputed methods of Interpretations
        
        Dictionary of the era
        
        Previous acts of parliament on the same topic
        
        Earlier case law
        
        historical setting
      - Allowed Interpretations
        
        Reports of Law reform bodies (Used since 1975)
        
        International convention (used since 1980)
        
        Hansard (Used since 1992)
        
        Official report of Parliament when act is debated