Australian Capital Territory - Australian Capital Territory Year 12 Certificate legal Mapa Mental sobre case examples of statutory interpretation, creado por ebonyjuddy636 el 02/06/2013.
AG V. kevin and
jennifer and
human rights and
equal opportunity
commission
(2003)
mansfield v. kelly (1972)
summary of effects
a man was charged under the
control of weapons regulations
1990(vic.) with possessing a
regulated weapon, he was
wearing a black sudded belt to
hold his trousers which police
argued was a weapon
kevin was born as a female but
had lived as a man and had
gender reassignment surgery.
kevin and jennifer wanted to
get married and applied to the
family court to have their
marriage validated. the
marriage act 1961 required a
celebrant perform a marriage
between a woman and a man .
the attorney general argues
that kevin was born female and
that a marriage between two
females was not valid.
defendant was
charged under the
summary offences act
1966 (vic.) with being
drunk in a public place.
he was in his private
car parked on a public
road, and argued he
was in a private place.
words to be interpeted.
regulated weapons in the
control of weapons
regulation.
man in the
marriage act
and family law
act.
public place
within s.13 of the
summary offences
act.
courts decision
after consulting a dictionary, legal
journals and previous decisions onthe
interpretation of 'weapon' , justice
beach held that a studded belt used as
an article of clothing is not a weapon,
although it could be used as one.
effects: restricted
the definition of
weapon to those
things likely to be
used more offensive
or aggressive
purpose only.
the full court of the
family court found that the
word 'man' in the statute
should be determined at
the date of marriage , and
they found kevin to be
male. the marriage was
valid.
effect: the word "man" was
given its current meaning,
and to take into account
changes in technology and
society.
that being in a private car
parked in a public place
amounted to being in a
'public place'.
effect: extended the
meaning of 'public place'
to include being in a
private car parked in a
public place.