Statutory Interpretation
← Non Petroleum Productions in the Arabian Gulf Countries | Business Communication Trends → |
Statutory interpretation is a case where the judge is mandated to construe the statute meaning of the clause or words in order to establish and verify how it will be injected in a similar or different case. This is also known is Australia also as the judicial interpretation, and it is frequently formulated and injected to cases as judicial precedents. The judges are mandated to make laws while trying to understand an Act meaning, this is due to the different reasons that make it sometime unclear of how to exercise the Act, one of this reason maybe that the language that parliament used is confusing and vague (Australian Law Postgraduate Network, 155). This makes the words in the Acts to need more elucidation and explanation; this is contemplated by the statute interpretation of the meaning and intent of the words.
This assignment is going to offer legal advice two fact situations, which are found in possession of Prohibited Chemicals which are punishable offences, this comes after a radical movement group acclaimed that they will poison all public water systems in Australia. On January 2010 Helena (20) and her brother Jonathon (14) found in possession of “Cleano” and on the same month of 2010 Lucia was discovered importing large amount of “Methalin” from South America and storing it in the basement of her house.
Fact situation 1, Helena and Jonathon
Offence- Found in possession of a deadly chemical (Cleano) prohibited under fictitious Act known as the Importation of Prohibited Chemicals Act 2010 (Cth) On 30 September 2009. This act is very severe to the offender and in Australia which has been recently enforced.
Advice- The best advice I would advice that Helena and Jonathan, is to stick to their statement that the chemical Cleano belonged to Jonathan and was in the hotel without the acknowledgement of Helena, this is because under the Prohibited Chemicals Act 2010 (Cth) section 3, which is interpreted as prohibited chemical falls in the group of toxic chemicals and dangerous substances. In this section a child is defined as a person under the age of 16 years, importation is interpreted as shipment in and out of the country, state and within own property (Elhauge, 220).
Under section 4 of the Prohibited Chemicals Act (2010), if a person under this provision is 16 years younger and is in possession of the prohibited chemicals then they are excluded from the penalties that are executed to the person (adult) who is under this section interpreted as any person over the age of 16 (Pearce & Geddes, 100).
Helena if admitting to have awareness to the acknowledgement of prohibited chemicals in the hotel they were residing would make her guilty of the offense under section 3 and 4. This will make her be so because she is 20 years of age, and under the interpretation of section 4 of the Prohibited Chemicals Act (2010) it states that severe reprimanding shall be induced to any person found in possession of any prohibited chemical in Australia (Australian Law Postgraduate Network, 177).
I would argue them to stick to their alibi of Jonathan being the one that has the possession of the prohibited chemicals. Because Helena in the statement stated that she was not aware of the chemical in the room, this makes her not guilty of any offence under interpretation of section 4. This interpretation although Jonathan has a record of juvenile misconducts will excuse him on the basis that he falls on the provision that interprets him as a child and the law under section 4, have no penalties if the chemicals are found being possessed by a person under the age of 16 years (child).
In conclusion the case of Helen and Jonathan has no big impact as the chemical where bout and acknowledgement belong only to the child (Jonathan) and as the prohibited Chemical Act (2010) elucidates that a person under the age of 16 years will not be held punishable if found under the possession of the prohibited chemicals. Looking at the matter in a psychological angle it is acknowledgeable that the relationship between two teenage siblings is not that great, this is especially if they are of different gender. This illustrates that Jonathan could have had the chemical without the acknowledgement of her sister. Unless this case is like Kartinyeri v The Commonwealth (1998) 195 CLR 337, where the majority view was very much dissected. However, section 4 clearly takes Helena out of the reign of being help into possession of the prohibited chemicals, and under the same interpretation due to Jonathan (14) age which this section defines as a child and has not punishable provision for person under the age of 16 years. This will make the case be excused by the merit of the possession and ownership of the chemical belonging to Jonathan who is below the age level which the Act states for punishment (Kartinyeri v The Commonwealth, 1998).
Fact situation 2, Lucia
Offence- Found in possession of a deadly chemical (Methalin) prohibited under fictitious Act known as the Importation of Prohibited Chemicals Act (2010), Lucia was discovered that she was importing Methalin which is one of the prohibited drug in the Prohibited Chemicals Act (2010). The offenders of this crime are under section 5 of the Prohibited Chemical Act Punishable by either life imprisonment or death sentence (Statute Law Review, 182).
However, there is an exclusion that permit if the offender is a permanent residence in Australia compensate for his/her action by the commonwealth to sell off their property for compensation this provision is interpreted under section 5 (2). Though the law strengthened by act which the commonwealth parliament in her second reading Mary Anne McAdams MP said should add more enforcement when addressing a threat issued out by a certain radical group.
Advice- The offense here is very severe as Lucia not only has possession but also imports Methalin which among the most condoned chemicals in Australia. The evidence in her basement are the most darning aspect of the whole case. Under section 5(1) Lucia faces death or life imprisonment in the face, however the same Act elucidates that under section 7 that the only reason that the Commonwealth Chemicals Commission have the right of search and seizure of a person or property is in the case that that particular person has violated section 4 and 5 of the prohibited chemical act (2010) and also the interpretation of section 3 which articulates that the chemical unless regarded in very bad hands and unless expressed to the contrary manner (Winckel, 189).
In the case although there was a discovery and that Lucia is well over the child age limit for execution if a person is fond in possession of the prohibited chemicals. However, the commission not taking further action does not mean that they have stopped investigating Lucia. This means they are investigating her for a reasonable proof (Statute Law Review, 197). Therefore, in the case that she was found in violation of the prohibited chemical Act section 4 and 5, then she can as the act under section 5(2) which allows the sale of property for compensation purposes may let her house be sold for compensation.
The legality question here arises making the Lucia have the upper hand of the ownership and the interpretation of the ownership of the prohibited chemicals. This is best observed in the case where the judgment of O’Connor J in Potter v Minahan interpretation was formulated on “there shall be overthrowing of fundamental principles, general system of law departure and infringe rights as the last degree implausible, this in the view of not clear and irresistible of intention expression; and this would simply b authenticated through assumptions in their natural, widest or usual sense that would offer a meaning which was not even targeted in the first place” (Potter v Minahan, 1908)
Therefore as the authority have not accessed or taken evidence from Lucia all that I would advice her no to do is to dispose of the prohibited chemicals. This is because if the right investigation is carried through then the consequences are very severe to Lucia; this comes as she faces life imprisonment or a death sentence. However, section 5(2) allows any common wealth offenders who have property to sell so that they may compensate on the punishment that would have been allocated to them. This is another angle that would advice Lucia on in the case that she was ever found guilty or the commission decides to search and follow up the investigation and apprehend her (Australian Law Postgraduate Network, 203).
In conclusion basically the hands of the Commonwealth Chemicals Commission are kind tied and the most fundamental aspect that should be noted is the fact that the Profited Chemical Act (2010) under section 5 (2) makes exception to the nationality of this states as they do not represent threat to their own country but are also legible for sale of their property this is done to facilitate compensation (Gotsis, 57). When the Commonwealth Chemicals Commission took no action it means that there was no logical thing that they found alarming with Lucia having possession of the Prohibited chemical or the search was unlawfully committed.
- Business Communication Trends
- Big Drive Auto
- Non Petroleum Productions in the Arabian Gulf Countries
- US Consumer Behavior
Royce B.
Dallas, TX
|
|
|
It is so refreshing to work with a writing service as professional as EssaysEmpire.com. Everything from your website, to your customer service workers to the writing itself, is top rate. I recommend you highly to anyone who will listen. |
Glen M.
Oakland, CA
|
|
|
Your writers are awesome! I got an A and two A+’s on the papers that they wrote for me! |
Sylvia B.
Lakeview, MA
|
|
|
Your writers did an excellent job writing my four papers last semester. I don’t think I could have possibly made it through the semester without any help of EssaysEmpire.com. I deeply appreciate the help |
Della M.
Belfast, IR
|
|
|
I had to turn on my laptop for the express purpose of writing to you. I had to let you know what lifesavers you people are! I had never even considered hiring a professional writer to help me and was almost resigned to dropping out of school altogether. Then, I thought about it, and asked myself what it would hurt to try EssaysEmpire.com for just one paper. That paper was written astonishingly well! From that one paper, I learned many of the things that I did not know about writing. It was perfect, so I learned all about formatting in the APA style. I learned a lot, so I want to thank you for that. |
Pierre W.
Memphis, TN
|
|
|
There are four things that I look for in a good writing service. #1. They have to be fast. A good writing service won’t miss an important deadline. #2. A good writing service will let customers actually talk to the writer who is working on their customer’s papers, so the customer can work out important details. #3. A good writing service will have a user-friendly website that is easy for the customer to use and #4, a good writing service will offer quality guarantees. EssaysEmpire.com meets all of this criteria and more. EssaysEmpire.com is the best writing service and has the reputation to prove it. I wouldn’t even consider using another writing service since experiencing the excellence that is EssaysEmpire.com! |
Doreen A.
Malibu, CA
|
|
|
Due to a family emergency, I was unable to complete a very important paper. Thanks to EssaysEmpire.com, I was able to hand in a well written paper and not sacrifice my grade. I will be forever grateful to your writing service for providing such outstanding work. Thank you so much. |
Willow P.
Park City, UT
|
|
|
You guys do top-notch work. Time after time, I have had to rely on your help and I can say honestly that you have never let me down. Thank you so much for coming through for me every time. I am not a good writer. I try. I study hard, but when I need help, you are always there to give it to me at an affordable price. |
Bruce R.
Tulsa, OK
|
|
|
Thanks for everything. You guys know how to write so well! I will call on you again in the future. |
Tiffany E.
Monroe, LA
|
|
|
I am 100% satisfied with the writer that you assigned to my project. This person understood exactly what I needed, even though I’m not the best communicator and the instructions were tedious and difficult. I felt certain I would have to send my paper back for a number of revisions, but I didn’t. The writer was able to convey exactly what I wished to express and he did it in record time!Thanks for everything. EssaysEmpire.com is the greatest! |
Melissa C.
Rochester, NY
|
|
|
I am completely satisfied with the paper I purchased from your company. I only wish I had known about you last year when I took an F grade for not being able to complete a paper on time. The work you did was marvelous. Whenever I find myself falling behind in my school work, I will be sure to pass along some of my more difficult written assignments to you |
Philipa W.
Rome, ITALY
|
|
|
The paper that your writers did for me on the topic of, The Psychological Effects of Fluorescent Lighting in the Workplace,” was right on the money! They included my long list of customizations and did not charge extra for them. The formatting was just right. There were no grammatical errors. The length was what it was supposed to be. I am so happy that I chose to let the EssaysEmpire.com writers take care of my paper for me. I will choose this writing service again without hesitation. |
Celeste H.
San Francisco, CA
|
|
|
EssaysEmpire.com always gives me a plagiarism report to prove that the work they wrote for me is authentic. I appreciate this. It helps eliminate worry. |
Jaffar M.
Salt Lake City, UT
|
|
|
My sincere thanks for a job well done. My professor loved my paper and commended me for handing in the one that your writing service helped me with. The paper flowed very well. It was logical and intelligent-sounding. I was very pleased overall. |
Fred H.
Berkeley, CA
|
|
|
Thank you for doing what you do. You helped a lot of my friends, and now you have helped me. You provide a valuable service to students who need to get over writing hurdles. |
Grace T.
Purcell, OK
|
|
|
Thank you for assuring that only the best writers work for you. It doesn’t matter which writer has been assigned to my projects since I started using your services. Every time I get a paper written, it is perfect. |
Nancy B.
Lawrence, KS
|
|
|
I accidentally read the wrong chapters for my history assignment. Therefore, when it came down to the wire and I needed to hand in my history paper, I had to reach out for help very quickly. Your writers were able to put something together for me so fast! I couldn’t believe it! I handed the paper in and got a very high score on it. I was stunned! Thank you so much for your help! |
Alexandra Z.
Dallas, TX
|
|
|
I am sitting here reading over what your writing service offers and I just realized that you are the only one that offers free rewrites and full guarantees on your work. This tells me that you are an honest company that I want to do business with. |
Stephanie M.
Bath, ME
|
|
|
This is the fourth A+ in a row from EssaysEmpire.com! Thanks! |
Nancy T.
Little Rock, AR
|
|
|
The quality of the work produced by your professional writers is second to none. No wonder you have the reputation for being the best writing service online! You certainly met up to all of my expectations! You’re the best, for sure. |
George Sparlin
Nashville, TN
|
|
|
You guys are fabulous to offer such amazing guarantees for your work. I hired you for my last two papers because there was no risk involved. That was a pretty attractive option, if you ask me. Of course, I didnРІР‚в„ўt have to cash in on any kind of guarantee, because the work was perfect! Go figure. Thank you, EssaysEmpire.com. |