PHL271H1 Lecture Notes - Lecture 3: Legal Positivism
Document Summary
Case before a court of appeals (been a trail and they are trying to change the verdict) Usually a mistake in how the law was used. Whitely was the appellant, involves voting for guardian of the poor in britain. With intent to fraud an election, impersonating someone, penalty of 3 months maximum in jail. Paid enough taxes on his land to actually qualified as an elector in bradford but had died before the election. Appellant collected a ballot from marsden (who was able to vote) Whitely charged with impersonating someone entitled to vote but dead people are not entitled to vote. Wording is quite different for wording with elections in parliament. Response from a lawyer, references two cases where the crown (king) is prosecuting somebody, supposed to be entitled must be held by the judges in the cases cited to be supposed by the impersonator. Judge votes to overturn the conviction, other judge concurs.
