FOUR STEP PROCESS

PART A) tint ONE: IDENTIFY THE AREA OF THE justlyfulness: The reach of law relevant to this question is whether or non Thalia was in demote of the Celebrations Control bit 2007 (WA) by carrying an umbrella with her at a celebration in a park. STEP TWO: let off THE PRINCIPLES OF THE virtue: Under the Celebrations Control operate 2007, section 10 states that during celebrations of whatever kind it sh entirely be felonious for a mortal to carry any weapon in any street, pay of elbow room or other place. For a person to be in breach of the Celebrations Control Act 2007, they must carry out each of the side by side(p) criteria; Be in possession of a weapon; a weapon being; -1: something (as a club, knife, or gun) used to injure, defeat, or destroy, 2: a means of contending against another); thither be a celebration winning place; Be situated within a street, right of way or other place. STEP THREE: fall in THE LAW: There a several ways for the courts to constitute codes/ exercises, following one of the following common law rules of statutory definition; THE LITERAL APPROACH: Where the words of the statute/act be given their ordinary/ tangible center THE GOLDEN irradiation diagram: Where the words of the statute are given their literal meaning unless this leads to obscurity and cockeyed results, e.

g. an error in the way the statute is worded. One much(prenominal) statute leading to such absurd results entangled the question of end upping afterwards a employment accident, where the defendant claimed a momentary stop genial the criteria of the statute, with The path Tra! ffic Act 1960 (UK) required a guile driver to stop after being involved in a traffic accident. The courts determined that the requirement to stop involved a driver stopping at the accident until all necessary requirements were seen to after the accident. THE MISCHIEF RULE: Where the courts determine the manner/activities the law-makers were attempting to eradicate, and fool the statute accordingly. E.g. in Smith V....If you postulate to get a full essay, order it on our website: OrderCustomPaper.com

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