Cases

Circumstances 04.09.2019
 Cases Article

1 . Commonwealth v Condition of Tasmania

http://en.wikipedia.org/wiki/Commonwealth_v_Tasmania

2 . Lee v Knapp

In Lee sixth is v Knapp [1967] 2 QB 442 an Act necessary that a motorist " stop" after an accident. The accused claimed that they did in reality momentarily stop, before going forward, therefore making sure that you comply with a commonly accepted exacto meaning of " stop". The judge found that in this situation " stop" meant stop and wait for police or other representatives to investigate the accident. A literal model was against the purpose of legislation.

3a Cruz v Barnes

SMITH v HUGHES (1960) 1 WLR 830

HEAD OF THE FAMILY PARKER CJ:

These are six appeals by way of case stated by among the stipendiary magistrates sitting by Bow Streets, before which informations had been preferred simply by police officers up against the defendants, every time that the lady ‘being one common prostitute, performed solicit within a street with regards to prostitution, unlike section 1 (1) of the Street Offences Act, 1959. ' The magistrate every time found the defendant was obviously a common prostitute, that the girl had solicited and that the solicitation was in a street, and in each circumstance fined the defendant.

The facts, to all intents and functions, raise the same point in every single case; you will find minute distinctions. The appellants in each case weren't themselves bodily in the street nevertheless were within a house adjacent the street. In one case the appellant was on a patio and the girl attracted the interest of men in the street by tapping and calling right down to them. Consist of cases the appellants were in ground-floor windows, either closed or perhaps half open up, and in one more case in a first-floor window.

The sole issue here is if in all those circumstances each appellant was soliciting in a street or public place. The words of s. 1 (1) of the Act will be in this kind: ‘It should be an offence for a common prostitute to loiter or perhaps solicit within a street or perhaps public place for the purpose of prostitution. '

Observe that it does not claim there particularly that the individual who is doing the soliciting has to be in the street. Evenly it does not say that it is enough if the one who receives the solicitation as well as to whom it can be addressed with the street. Pertaining to my part, I way the matter by simply considering precisely what is the mischief aimed at at this time Act. Everybody knows that this was an Action intended to tidy up the roads, to enable visitors to walk along the streets without having to be molested or solicited by common prostitutes. Viewed by doing so, it can subject little whether or not the prostitute is soliciting while in the street or is browsing a doorway or perhaps on a patio, or for a windows, or whether or not the window is usually shut or open or half wide open; in each case her solicitation is usually projected to and resolved to someone walking on the street. For my own part, I am happy to base my personal decision in that ground and that ground alone. I do believe that the magistrate came to the correct conclusion in each case, and that these types of appeals should be dismissed.

LORD PARKER CJ:

These are 6 appeals by way of Cases Mentioned by one of the stipendiary magistrates sitting by Bow Road, before to whom informations were preferred by the respondent in each case against the appellant for that she ‘being one common prostitute, performed solicit in a street when it comes to prostitution, contrary to s 1(1) of the Street Offences Action, 1959. ' The magistrate in each case located that the appellant was a common prostitute, that she got solicited and the solicitation is at a street, and in each case fined the appellant.

The facts, to all or any intents and purposes, raise the same point in each circumstance; there are tiny differences. The appellants every time were not themselves physically on the street but had been in a property adjoining the street. In one circumstance the appellant was over a balcony and she fascinated the attention of men in the street by tapping and calling down to these people. In other cases the appellants were in ground-floor house windows, either shut down or 50 percent open, in addition to another case in a...

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