Statutory Interpretation

Statutory Interpretation; the way in which judges decide to apply the
law.

Why needed?

A broad term;

• words that cover possibilities,
• problems of understanding.

Ambiguity;

• Words with two meanings,
• which should be used?

A Drafting Error;

• Errors in bills,
• unnoticed by Parliament,
• likely to occur when Bill's amended many times.

New developments;

• New technology,
• not covering a situation.

Change of language;

• Word meanings change.

Literal Rule.

• Primary rule.
• Precedent over others.
• Words of the statute literally.
• Given natural or ordinary meaning.

Advantages;

• Law stays clear.
• Consistent.

Disadvantages;

• Absurd & unjust results.

Examples;

R v Harris 18 36.

• Bit off victims nose.
• "stab, cut or wound".
• Biting wasn't within meaning.
• Weapon had to be used.
• Not guilty.

London & North Eastern Railway v Berriman 19 46.

• Oiling Railway track.
• No look out provided.
• "relaying & repairing".
• Failed to claim compensation.

Golden Rule.

• Literal…