LAW10010 Study Guide - Midterm Guide: Statutory Interpretation
Topic 5: STATUTORY INTERPRETATION EXAM NOTES
EXAMPLE STATUTORY INTERPRETATION ANSWER
1. Attempt to interpret the words according to their ordinary meaning or, where appropriate,
their technical or legal meaning, and try to apply them to the problem.
2. Attempt to identify the purpose of the legislation, or of a particular provision, and try to
interpret the words consistently with that purpose.
3. If a provision is ambiguous or obscure or, taking account of its context and underlying
purpose or object, its ordinary meaning leads to an absurd or unreasonable result, reference
may be made to parliamentary, executive and related materials to determine the meaning of
the provision.
4. If the preconditions referred to in (3) are not present, reference may be made to relevant
extrinsic materials to discover the mischief or defect addressed.
Tutorial – Approach to hypothetical problems
Shane was involved in a conspiracy with Mick to murder Tony. Police questioned Shane about
the murder. At one stage he asked if they could go up to the roof. Once there he admitted
that he and Mick were involved and asked for indemnity. He refused to repeat what he had
said on videotape, but did write out a statement and signed it.
A few months later, Shane was arrested for the murder. In a videotaped interview he claimed
his previous confession was false. After 3 hours of questioning, the interview was terminated
and the police completed certain formalities which lasted about half an hour, after which they
left to take Shane to a hospital to obtain blood and hair samples. As they were heading to
the a i the polie a pak, “hae said to the polie: “oy aout the iteie – no hard
feelings. I was just playing the game. I suppose you will make notes of that as well.
Shane is now being tried for murder. Is his statement in the car park admissible? Only
consider the common law approaches to statutory interpretation and s 15AA and s 15AB of
the Acts Interpretation Act 1901 (Cth) (and its equivalents )when interpreting the relevant
legislation.
Tutorial – Hypothetical - Facts
Section 8 of the Criminal Law (Detention and Interrogation) Act 1995 (Vic) provides in the
relevant part:
(1) In this section –
confession or admission eas a ofessio o a adission –
(a) that was made by an accused person who, at the time when the confession
or admission was made, was or ought reasonably to have been suspected by a police
officer of having committed an offence; and
(b) that was made in the course of official questioning.
official questioning eas uestioig y a polie offie i oetio ith the
investigation of the commission or the possible commission of an offence.
Section 8(2) On the trial of an accused person for a serious offence, evidence of any
confession or admission by the accused person is not admissible unless –
(a) There is available to the court a videotape of an interview with the accused
person in the course of which the confession or admission was made; or
(b) If the prosecution proves on the balance of probabilities that there was a
reasonable explanation as to why a videotape referred to in paragraph (a) could
not be made, there is available to the court a videotape of an interview with the
accused person about the making and terms of the confession or admission or the substance
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Document Summary
Shane was involved in a conspiracy with mick to murder tony. At one stage he asked if they could go up to the roof. Once there he admitted that he and mick were involved and asked for indemnity. He refused to repeat what he had said on videotape, but did write out a statement and signed it. A few months later, shane was arrested for the murder. In a videotaped interview he claimed his previous confession was false. After 3 hours of questioning, the interview was terminated and the police completed certain formalities which lasted about half an hour, after which they left to take shane to a hospital to obtain blood and hair samples. As they were heading to the (cid:272)a(cid:396) i(cid:374) the poli(cid:272)e (cid:272)a(cid:396) pa(cid:396)k, ha(cid:374)e said to the poli(cid:272)e: (cid:858) o(cid:396)(cid:396)y a(cid:271)out the i(cid:374)te(cid:396)(cid:448)ie(cid:449) no hard feelings. I suppose you will make notes of that as well. (cid:859)
