Key Terms Need for Statutory Interpretation Golden Rule
• Broad Term
Literal Rule: A rule of statutory • Ambiguity Modification of the Literal rule to
interpretation that gives words their • A drafting error avoid absurdity.
plain ordinary or dictionary meaning. • New developments Cases using the Golden Rule:
• Changes in the use of language • Adler V George
Golden Rule: A rule of statutory — Obstructing “in the vicinity” of a
interpretation. It is a modification of Purposive Approach prohibited place was an offence the
the literal rule and avoids an defendant argued that they were
An approach to statutory interpretation in which courts look to see
interpretation that is absurd outside the vicinity, but the Court
what is the purpose of the law.
found the defendant guilty as the
Cases which use the Purposive Approach:
Mischief Rule: A rule of statutory word should be read as being “in or
• R v Human Fertilisation and Embryology Authority
interpretation that looks back to the in the vicinity of” the prohibited
— Courts were trying to figure out what counted as an “embryo”
gap in the previous law and interprets place.
the Act so to cover the gap.
Literal Rule
STATUTORY • Re Sigsworth
— Son murdered his mother to inherit
her estate the mother had no will.
INTERPRETATION
The court used the golden rule to
The Plain meaning of the word. find the defendant as guilty to
Cases which use Literal Rule: prevent him getting benefit for his
• Whiteley v Chappell Questions: murder.
— Defendant was charged with an 1. Why do we need Statutory Interpretation
offence to impersonate any person 2. What are the differences between Golden Rule, Mischief and
entitled to vote. The defendant Literal?
used someone who was dead to
vote. The defendant was NOT guilty Mischief Rule
as a dead person is not “entitled to
vote” Looking back at what the Law meant before.
• Co. V Berriman Cases which use mischief:
— Railway worker was killed while • Smith V Hughes
oiling points along a railway line. — the defendants were prostitutes who were charged under the Street Offences Act 1959 for soliciting from private
His widow tried to claim premises like windows or balconies, which could be seen by the public. The court had to decide if this counted as
compensation as someone should soliciting "in a street or public place”. They were found Guilty.
have been on look out when • RCN V DHSS
“relaying” or “repairing” her claim — Abortion had to be done by a “registered medical Practioner”. Judges wanted to see if a nurse counted as it.
failed because he was maintaining
the railway line.
• Broad Term
Literal Rule: A rule of statutory • Ambiguity Modification of the Literal rule to
interpretation that gives words their • A drafting error avoid absurdity.
plain ordinary or dictionary meaning. • New developments Cases using the Golden Rule:
• Changes in the use of language • Adler V George
Golden Rule: A rule of statutory — Obstructing “in the vicinity” of a
interpretation. It is a modification of Purposive Approach prohibited place was an offence the
the literal rule and avoids an defendant argued that they were
An approach to statutory interpretation in which courts look to see
interpretation that is absurd outside the vicinity, but the Court
what is the purpose of the law.
found the defendant guilty as the
Cases which use the Purposive Approach:
Mischief Rule: A rule of statutory word should be read as being “in or
• R v Human Fertilisation and Embryology Authority
interpretation that looks back to the in the vicinity of” the prohibited
— Courts were trying to figure out what counted as an “embryo”
gap in the previous law and interprets place.
the Act so to cover the gap.
Literal Rule
STATUTORY • Re Sigsworth
— Son murdered his mother to inherit
her estate the mother had no will.
INTERPRETATION
The court used the golden rule to
The Plain meaning of the word. find the defendant as guilty to
Cases which use Literal Rule: prevent him getting benefit for his
• Whiteley v Chappell Questions: murder.
— Defendant was charged with an 1. Why do we need Statutory Interpretation
offence to impersonate any person 2. What are the differences between Golden Rule, Mischief and
entitled to vote. The defendant Literal?
used someone who was dead to
vote. The defendant was NOT guilty Mischief Rule
as a dead person is not “entitled to
vote” Looking back at what the Law meant before.
• Co. V Berriman Cases which use mischief:
— Railway worker was killed while • Smith V Hughes
oiling points along a railway line. — the defendants were prostitutes who were charged under the Street Offences Act 1959 for soliciting from private
His widow tried to claim premises like windows or balconies, which could be seen by the public. The court had to decide if this counted as
compensation as someone should soliciting "in a street or public place”. They were found Guilty.
have been on look out when • RCN V DHSS
“relaying” or “repairing” her claim — Abortion had to be done by a “registered medical Practioner”. Judges wanted to see if a nurse counted as it.
failed because he was maintaining
the railway line.
