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Chapter 1
Golden rule
Where the literal rule gives more than one meaning or provides an absurd result, the
golden rule is used to ensure that preference is given to the meaning that does not
result in the provision being an absurdity.
Illustration 2 – Golden rule
ADLER V GEORGE 1964
Facts:
A conviction was challenged on the basis of what appeared to be a miswording in
the Official Secrets Act (1920). This Act made it an offence to obstruct a member
of the armed forces `in the vicinity of' particular locations, but not actually `in'
those locations. The defendant was actually inside an Air Force base at the time
of the incident, which he claimed was beyond the literal scope of the Act.
Held:
The words ‘in the vicinity of’ a prohibited place in the Official Secrets Act were
held to cover the acts of the defendant which took place ‘within’ a prohibited
place.
Mischief rule
Used to interpret a statute in a way which provides a remedy for the mischief the
statute was enacted to prevent.
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