1) When interpreting an imprecise offence/defence
When dealing with vague offences or defences, courts often look at the intentions of the lawmakers to clarify how the law should be applied. In criminal cases, the goal is to understand the specific harm or wrongdoing the law aims to address, ensuring that the law only applies to those situations.
For instance, in the case of Wilson, a man branded his initials on his wife's body with her consent. He was initially convicted of a crime against the person, but he appealed, arguing that his wife's consent should prevent him from being held liable. The Court of Appeal agreed with him, overturning his conviction. They emphasized that criminal law should not interfere in the private matters of a married couple engaging in consensual activities.