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Why was the mischief rule applied in Smith v Hughes?
In Smith v Hughes (1960), the defendants were charged under the street offences act (1959) with soliciting in a public place. The prostitutes were soliciting from windows, technically not a public place. The Mischief Rule was applied to interpret that the prostitutes were doing what the statute was trying to abolish so they were convicted.
What is the purpose of the mischief rule?
Within the context of law, the mischief rule is a rule of statutory interpretation that attempts to determine the legislator’s intention.
When was the mischief rule of statutory interpretation established?
The mischief rule was established in Heydon’s Case. In Re Sussex Peerage, it was held that the mischief rule should only be applied where there is ambiguity in the statute.
Is there such a thing as a mischief of a statute?
Much more significant is the link which Lord Simonds’ statement provides between the concept of a so-called plain meaning, free from ambiguity, and the concept of the mischief of a statute emphasised by Heydon’s Case.
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