R v Allen
The golden rule was used to interpret the word marry in the offence of bigamy as going through a ceremony of marriage.
Facts
Mr Allen, who was already married, went through a marriage ceremony with another woman. Under section 57 of the Offences Against the Person Act 1861, it was an offence for a married person to marry any other person during the life of the former husband or wife. Mr Allen argued that he had not committed the offence, because a married person cannot legally marry another person, so the second marriage was void and he had not married at all within the meaning of the Act.
Legal principle
The court upheld his conviction. If the word marry were read literally as meaning to contract a valid marriage, the offence of bigamy could never be committed, because a married person can never validly marry again. Applying the golden rule to avoid that absurdity, the word marry was interpreted as meaning to go through a ceremony of marriage.
Related cases on statutory interpretation
- Adler v George [1964] 2 QB 7
- Black-Clawson International Ltd v Papierwerke Waldhof-Aschaffenburg AG [1975] AC 591
- Corkery v Carpenter [1951] 1 KB 102
- Grey v Pearson (1857) 6 HLC 61
- Heydon's Case (1584) 3 Co Rep 7a
- Inco Europe Ltd v First Choice Distribution [2000] 1 WLR 586
- Jones v Tower Boot Co Ltd [1997] ICR 254
- London and North Eastern Railway Co v Berriman [1946] AC 278
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