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One method a judge can use to interpret the factitious statue is using three rules which are Literal rule, Golden rule and Mischief rule. Under the literal rule, the rules of the statue have to follow even if they are unreasonable as they are in the Dange

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Introduction

Assignment 1.5 One method a judge can use to interpret the factitious statue is using three rules which are Literal rule, Golden rule and Mischief rule. Under the literal rule, the rules of the statue have to follow even if they are unreasonable as they are in the Dangerous Animals Act 2000. The Literal rule gives all the words in a statue their ordinary and natural meaning; this means all the rules of a statue has to be followed even if it will produce unsatisfactory results. An advantage of the Literal rule is, it respects parliamentary sovereignty, giving the courts a restricted role and leaving law-making to those elected for the job. But a disadvantage of the Literal rule is it can provide inadequate results such as in the case of London and North Eastern Railway Co v Berriman (1946). In this case a railway worker was killed by a train and his widow attempted to claim damages. ...read more.

Middle

It was described by the Law Commission in 1969 as a 'rather satisfactory approach' than the other two established rules. An example of this rule in use is, the case of Smith v Hughes (1960) In this case the Street Offences Act 1959 made it an offence for a prostitute to loiter or solicit in the street or public place for the purpose of prostitution.' Prostitutes who were soliciting by attracting the attention of men in the street from the windows or balcony of a house were held to be guiltily of the offence even though the prostitutes were in a house and not 'in the street or public place'. The judge said that the Act had been passed to protect the public from being solicited by prostitutes and as the public in the street were being solicited it did not matter that the prostitutes were in a house. One fictitious rule in the statue states 'If any dangerously out of control in a public place, the owner is guilty of an offence, or, if the animal while so out of control injures any person, an aggravated offence'. ...read more.

Conclusion

Under Section 1 it states 'if any dog is dangerously out of control in a public place, the owner is guilty of an offence' Sally's dog was not 'dangerously out of control', so personally I do not think she should get convicted for the offence. Under the Literal rule she would get convicted because the law would never change no matter what happens whereas if the golden rule was used, I do not think she would get convicted because she get prosecuted because she got prosecuted for something which was not entirely true. Her dog was not dangerously out of control; the Golden rule would correct the literal rules mistake and leave her without a prosecution. In my opinion, I do think a Hawk is an animal, so even though the Hawk did not physically hurt Marion, I think Tom should get convicted mainly for letting his Hawk out without any control of it. The Literal rule would get him convicted regardless if it is fair or not whereas the Golden rule may let him slip a prosecution because it is arguable that a Hawk is not an animal. ...read more.

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