Lecture #7

Statutory Interpretation
-

Importance

of reading the statute as a whole

Context
Purpose
Lacey v general (QLD) 242 573
Involved the term appeal basic common law rights 6-1
majority party of the High Court (Heydon J dissenting) settled
on the word appeal in the opening words to hold like other
appeals the appellate court could not intervene unless it first
determined error in the original sentence
A
Principle of double jeopardy
Sentence on conviction
Error or discretion
Provision like the s669A of the Criminal Code (QLD)
(1) The Attorney-general may appeal to the court against any
sentence pronounced by
o (a) the court of trial; or
o (b) a court of summary jurisdiction in a case
where an indictable offence is dealt with
summarily by that court;
And the court may in its unfettered discretion
vary the sentence and impose such sentence as
to the court seems proper
Ambiguity
Texts within a statute cannot be cut out- the assumption that parliament
intended every word to amount to the Act
Judicial method and parliamentary method
marriage in the constitution may be subject to interpretation before court
1998 NSW governing bodies with power to conduct enquires
and to make known its findings to the executive to
recommend further action. Otherwise prosecuted
Exercise of its powers may compel the content of