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T he
Mischief
Rule
Memory Game
V
Facts: The defendants were prostitutes who had been charged under the
Street Offences Act 1959 which made it an offence to solicit in a public
place. The prostitutes were soliciting from private premises in windows or
on balconies so could be seen by the public.
Held: The court applied the mischief rule holding that the activities of the
defendants were within the mischief the Act was aimed at even though
under a literal interpretation they would be in a private place.
V
Facts: D was in charge of a bicycle whilst drunk. It is an offence
to be drunk in charge of carriage
Held: a bicycle is a "carriage" the mischief was drunks on the
highway being in charge of transport
T he
Mischief
Rule
Answers
The mischief rule was
developed in Heydons
case (1584)
What was the common
law before making the
Act?
What was the mischief and
defect for which the common law
did not provide?
What was the remedy
Parliament passed to
cure the mischief?
What was the true
reason for the remedy?
The role of the judge is to
suppress the mischief and
advance the remedy.
The judge should look at the gap or
mischief that the Act was intended to
cover and interpret the Act to cover
that gap.
The mischief rule is
similar to the purposive
approach.
Smith v Hughes
(1960)



                                 V
Facts: The defendants were prostitutes who had been charged under the
Street Offences Act 1959 which made it an offence to solicit in a public
place. The prostitutes were soliciting from private premises in windows or
on balconies so could be seen by the public.
Held: The court applied the mischief rule holding that the activities of the
defendants were within the mischief the Act was aimed at even though
under a literal interpretation they would be in a private place.
Corkery v Carpenter
(1950)



                                            V
Facts: D was in charge of a bicycle whilst drunk. It is an offence
to be drunk in charge of carriage
Held: a bicycle is a "carriage" the mischief was drunks on the
highway being in charge of transport

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Mischief Rule Memory Game

  • 2.
  • 3.
  • 4.
  • 5.
  • 6.
  • 7.
  • 8.
  • 9.
  • 10. V Facts: The defendants were prostitutes who had been charged under the Street Offences Act 1959 which made it an offence to solicit in a public place. The prostitutes were soliciting from private premises in windows or on balconies so could be seen by the public. Held: The court applied the mischief rule holding that the activities of the defendants were within the mischief the Act was aimed at even though under a literal interpretation they would be in a private place.
  • 11. V Facts: D was in charge of a bicycle whilst drunk. It is an offence to be drunk in charge of carriage Held: a bicycle is a "carriage" the mischief was drunks on the highway being in charge of transport
  • 13. The mischief rule was developed in Heydons case (1584)
  • 14. What was the common law before making the Act?
  • 15. What was the mischief and defect for which the common law did not provide?
  • 16. What was the remedy Parliament passed to cure the mischief?
  • 17. What was the true reason for the remedy?
  • 18. The role of the judge is to suppress the mischief and advance the remedy.
  • 19. The judge should look at the gap or mischief that the Act was intended to cover and interpret the Act to cover that gap.
  • 20. The mischief rule is similar to the purposive approach.
  • 21. Smith v Hughes (1960) V Facts: The defendants were prostitutes who had been charged under the Street Offences Act 1959 which made it an offence to solicit in a public place. The prostitutes were soliciting from private premises in windows or on balconies so could be seen by the public. Held: The court applied the mischief rule holding that the activities of the defendants were within the mischief the Act was aimed at even though under a literal interpretation they would be in a private place.
  • 22. Corkery v Carpenter (1950) V Facts: D was in charge of a bicycle whilst drunk. It is an offence to be drunk in charge of carriage Held: a bicycle is a "carriage" the mischief was drunks on the highway being in charge of transport