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Essay / Law and statutory law - 1518
Step 1The area of law with which the question is associated is statutory law. The case in question concerns the violation of Local Law 36 which states: "No person shall throw metals or metallic particles into the ground, vegetated areas, watercourses, sewers, drains or areas similar. Penalty: $3,000.00.” Yvette, a student, sells works of art in her garage of her private residence. The chrome paint she uses contains a small amount of aluminum and while cleaning the paint can, some paint may leak out of the can and into a water trough that is not in use. Excess water from the water trough is intended to flow into a nearby unused well and while a local government officer was inspecting the areas, he caught Yvette cleaning the can. The legal issue here is that the officer claimed Yvette was violating Local Law 36 by releasing aluminum from the paint can. Yvette argues that local law is irrelevant to her actions because she followed the correct procedure to clean the can which released only an insignificant amount of aluminum and let the waste flow into a storage location. water nearby. To deal with this argument in the case, the court will apply the rules of statutory interpretation.Step 2The basic principles of law followed in Australia which can be related to the current case under statutory law are: the law must be both easily known and available, and certain and clear. Everyone has the right to the presumption of innocence and to a fair and public trial. These principles must be followed in interpreting the law and for them to be followed the court must use the principles, the three rules of statutory interpretation to interpret the case and arrive at a conclusion which will be fair to…. . middle of paper ......w mentioned. This will prove that Yvette is not guilty of breaking Local Law 36. But if the court decides to take a strictly purposive approach, it will only consider the main intention of passing the legislation and may decide to find Yvette guilty, thus forcing her to pay the penalty. Works Cited Kim, Yule. 2008. Statutory interpretation: general principles and recent trends. Electronic book. 1st ed. https://www.fas.org/sgp/crs/misc/97-589.pdf. Ponting, Jane. 1998. “The Mischief Rule, the Literal Rule, the Golden Rule.” Legal studies. South Melbourne: Oxford University Press. “The meaning of the golden rule”. 2013. Blog. Golden rule. http://golden-rule-law.blogspot.com.au/.Tooma, Michael. 2011. Safety, Security, Health and Environment Act. 2nd ed. Sydney: Federation Press.Uniset.ca,. 2014. “Smith V. Hughes.” Accessed May 15. http://www.uniset.ca/other/cs3/19601WLR830.html.