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Statutory interpretation exercises
Statutory interpretation exercises
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Step 1
The area of law the question is associated with is statute law. The case in question concerns the breach of the local law 36 which states “A person shall not dispose of metals or metallic particles into soil, areas of vegetation, waterways, sewers, drains or similar areas. Penalty: $3000.00”.
Yvette, a student sells artworks in her garage in her private residence. The chromium paint she uses contains a small amount of aluminium and while the paint can is being cleaned, some paint may escape the can and flow into a water trough which is not used. The excess water from the trough is designed to flow into an unused well nearby and while a local government officer was inspecting the areas, he caught Yvette in the action of cleaning the can. The legal issue here is that, the officer claimed Yvette is breaching the local law 36 by releasing aluminium from the paint can. Yvette argues that the local law is not relevant to her actions as she followed the correct procedure for cleaning the can which only releases an insignificant amount of aluminium and letting the waste flow into a nearby water storage place.
To deal with this argument in the case, the court will carry out the rules of statutory interpretation.
Step 2
The basic principles of law followed in Australia that can be related to the current case under statute law are; the law must be both readily known and available, and certain and clear. All people are entitled to the presumption of innocence and to a fair and public trial. These principles must be followed to interpret the legislation and in order for them to be followed, the court must use, the principles, the three rules of statutory interpretation to interpret the case and reach a conclusion that will be fair to ...
... middle of paper ...
...w mentioned. This will prove Yvette to be not guilty of breaching the local law 36.
But if the court decides to strictly take a purposive approach, it will only consider the main intention of passing the legislation and may decide to rule Yvette as guilty, enforcing her to pay the penalty.
Works Cited
Kim, Yule. 2008. Statutory Interpretation: General Principles And Recent Trends. Ebook. 1st ed. https://www.fas.org/sgp/crs/misc/97-589.pdf.
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'The Golden Rule Meaning'. 2013. Blog. Golden Rule. http://golden-rule-law.blogspot.com.au/.
Tooma, Michael. 2011. Safety, Security, Health And Environment Law. 2nd ed. Sydney: Federation Press.
Uniset.ca,. 2014. 'Smith V. Hughes'. Accessed May 15. http://www.uniset.ca/other/cs3/19601WLR830.html.
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The General Court. "General Laws." : CHAPTER 265, Section 37. 2014. Web. 20 Apr. 2014. .
The Criminal Process in Environmental Regulation. (n.d.). UH Law. Retrieved April 6, 2014, from http://www.law.uh.edu/faculty/thester/courses/Environmental-Practicum-2014/syllabus/chap6.pdf
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Similarly, in the case R v PACE and another (2014) , Pace and Rogers worked at a scrap metal yard and purchased items from individuals who suggested they were stolen. The sellers were undercover police officers and the property belonged to the police. The pair was convicted of offences under Section 327 of POCA, however the court of appeal quashed the conviction on the grounds that a person would not be guilty of the substantive 327 offence if the property in question was not criminal, even if the person believed it to be criminal property at the time.
There are four sources of Law in the Australian Legal System. They are Statute Law, which is made in Parliament, Common Law and the Law of E...
Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment . Consequently, instead of referencing to concepts and rules
Frank A. Easterbrook, ‘Legal Interpretation and the Power of the Judiciary’ [1984] 7 Harv. J.L. Pub. Pol’y 87 http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/hjlpp7&div=18&id=&page= accessed 14 February 2012. J. A. Holland & Julian Webb, Learning Legal Rules, 6th edn, Oxford 2006, pp. 113-117.
GWEBU v Minister of Correctional Services and Others , (1) SACR 191 (GNP 2014 ).
in criminal law and Beckett Ltd v. Lyons [1967] 1 All ER 833 the law
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
Glazewski, J.A. 2005. Environmental law in South Africa. 2nd ed. Cape Town: Butterworth publishing. 665 p.
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