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However, use of the literal rule may defeat the intention of Parliament. For instance, in the case of Whiteley v. Chappel, [10] the court came to the reluctant conclusion that Whiteley could not be convicted of impersonating "any person entitled to vote" at an election, because the person he impersonated was dead. Using a literal construction ...
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.
In England and Wales, the Poor Law Amendment Act 1851, section 3, made it an offence to impersonate a "person entitled to vote" at an election.In the case of Whiteley v Chappell (1868), the literal rule of statutory interpretation was employed to find that a dead person was not a "person entitled to vote" and consequently a person accused of this offence was acquitted.
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R v Whiteley (1991) 93 Cr App R 25 was an important case in the criminal law of England & Wales in relation to criminal damage.It established that for the purposes of the Criminal Damage Act 1971, [1] the property in question must be tangible but the damage done may be intangible. [2]
In Bartlett v Barclays Bank Trust Co Ltd, Brightman J interpreted the case as follows.. I do not understand Cross J. to have been saying that in every case where trustees have a controlling interest in a company it is their duty to ensure that one of their number is a director or that they have a nominee on the board who will report from time to time on the affairs of the company.
Coker v. Georgia, 433 U.S. 584 (1977) – The death penalty is unconstitutional for rape of an adult woman when the victim is not killed.; Enmund v. Florida, 458 U.S. 782 (1982) – The death penalty is unconstitutional for a person who is a minor participant in a felony and does not kill, attempt to kill, or intend to kill.
Chappell married the former Jeane Brown on September 28, 1985. He was a resident of Ocala, Florida , until his death in Bethesda, Maryland , on March 30, 1989, from bone cancer. The Port Orange Causeway , spanning the Halifax River , in Port Orange, Florida , was named the Congressman William V. Chappell Jr. Memorial Bridge by the Florida ...