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PART A: Write a judgement of 1000 words (70%)
Statutory Interpretation
Black v Green [2012] 23 WLR 1022
Amanda Green is a 24 year old university student who accrued a debt of $15,000 for tuition fees. In June 2010, Amanda decided that to raise money to pay off her debt she would attempt to ?sell? her virginity. To publicise her scheme, she constructed an email message that included the following text:
Virginity for Sale
Amanda, an attractive 24 year old university student, is offering her
virginity to the highest bidder. Please visit our website: Virginity for
Sale to place your bid.
The email message included 10 graphic images of Amanda that left no doubt that she was offering her body to the successful bidder. The message also contained a link to
her website Virginity for Sale. The website Virginity for Sale was hosted on
Amanda?s personal web server. The website included a brief biography about Amandaas well as a Webcam page that allowed visitors to the site to view Amanda ?live? at home. During July 2010, Amanda indiscriminately sent 5 million email messages from the mail server at her house. The message was received by businesses, private citizens and public schools. The website came to the attention of the police when they noticed a group of people looking at a computer monitor through the front window of
the local betting shop. The successful bidder paid $12,500 for Amanda?s virginity.
They arranged to meet in a room at a well-known city hotel where they completed their ?arrangements?.
Section 1 of the Street Offences Act 1959 (UK) states:
1(1) it shall be an offence for a prostitute to loiter or solicit in a street or
public place for the purpose of prostitution.
“prostitute” and “prostitution” have the meaning given by section 51(2).
(4) For the purpose of the section, ?street? includes any bridge, road, lane
footway, subway, square, court, alley or passage, whether a thoroughfare or
not, which is open to the public; and the door way and entrances of premises
abutting on a street (as herein defined), and any ground adjoining and open
to a street, shall be treated as forming part of the street.
51 (2) “prostitute” means a person (A) who, on at least one occasion and
whether or not compelled to do so, offers or provides sexual services to
another person in return for payment or a promise of payment to A or a third
person; and “prostitution” is to be interpreted accordingly.
THE QUESTION
Has Amanda breached Section 1 of the Street Offences Act 1959 (UK)?
Write a judgement referring to relevant past cases on this issue; i.e. Smith v Hughes,
Weiz v Monahan and Behrendt v Burridge.
PART B
Write a short paragraph of about 100 words for each answer. That is
100 x 5 = 500 (30%)
Case analysis
Case A) On Saturday 15 May, 2009, John Smith visited The Midas Club. During
the course of the evening he consumed 10 pints of beer, played a few games of
snooker and chatted to a number of women. Later that night there was a fracas
at the club. Although no-one was injured, the police attended and searched
most patrons. The police searched John Smith and discovered a flick-knife
concealed in his underwear. John was subsequently charged with possessing a
concealed weapon in a licensed premise, tried, convicted and sentenced to two
months imprisonment.
Ratio decidendi
Any person who, in licensed premises, conceals a weapon, will be
punished
1) What are the material facts of the above case (Case A))?
2) Would Case B) below be governed by this ratio? Explain.
3) Would Case C) below be governed by this ratio? Explain.
4) What changes need to be made to the ratio to bring the two cases below within it?
Write 2 new ratios
Case B) Gillian and Joan attended a street party in Adelaide. They consumed
copious quantities of alcohol purchased from the hotel adjacent the party, as
did most of the party-goers. During the course of the evening, things got a little
out of hand and a huge fight erupted. In the confusion that followed, Tom, an
acquaintance of Gillian and Joan, asked Gillian to hide his knuckleduster in her
handbag. She declined to help but Tom slipped the knuckleduster into her bag
when she was not looking. The police searched Gillian and found the
knuckleduster in her bag.
Case C) Felicity, a drug addict, was flying to Melbourne to attend a friend?s
wedding. Because Felicity was afraid of flying, before she attempted to board
the plane, she visited the toilet and self-administered heroin by syringe. She
also stopped off at the airport bar and consumed four tequila slammers. At the
security check, the syringe was discovered in her hand-luggage.
5) Is there merit in formulating the original ratio as broadly as possible?
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