Part B - Thinking and Reasoning (60 marks) Background to this question: The laws made by Parliament are written laws and have to proceed through an established process in order to be valid. Commonwealth, State and Territory Parliaments are each given power under their Constitutions to enact laws about particular subjects. If they try to enact laws outside these areas, the laws can be challenged as unconstitutional. Last week we looked at the process by which Parliament-made laws come into existence (see lecture notes for week 1). The promulgateon of the statute is only the beginning. As with most types of legal rules, disputes soon arise about the meaning of the words and phrases used in a statute. What this means is that when a legal dispute arises about the meaning of the words which Parliament has agreed to, the courts need to step in to resolve the dispute by interpreting the words of the statute. This legal process is called statutory interpretation. Like most legal processes, statutory interpretation has its own approaches and processes. Required: Review what you learned in Week 1 on Statutory Interpretation and common law approaches to statutory interpretation (see lecture notes, pages 20 - 24; do further research in your textbook or online). Consider each of the following 5 scenarios and answer the questions the follow. Your answer to each scenario is worth 12 marks. Your answer will receive marks based on the depth and quality of the explanations you give, including which statutory interpretation rule you applied to the scenario. Scenario 1 The Zoological Parks Regulation 2019 (NSW) provides: 'NO BALLOONS ARE ALLOWED ON ZOOLOGICAL PARKS BOARD LAND." Page 3 of 5 This study source was downloaded by 10010711$40 from Co recom on 12-18-3022 00:12:55 GMT -16:If Erin were to fly her hot air balloon over Taronga Park Zoo and land it in the giraffe enclosure, would she have committed an offence? (You can assume (correctly) that Taronga Park Zoo is on Zoological Parks Board land.) It is very important to Erin that she is not guilty of an offence as she has no money to pay a fine. All her money has been spent on the hot air balloon. What do you think? If you wanted to help Erin, what sorts of arguments would you use? Scenario 2 An English statute stated that any person who sells, lends or gives a flick knife to any other person commits an offence. Mr Rogers operates a general store. One of the items on display there is a flick knife with a price tag in the window of his shop. The police charged him with an offence for breaching the statute. Has he committed an offence? Scenario 3 Tobias was charged with violating a Law that made it an offence for 'any person unlawfully and maliciously to shoot at any person, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall unlawfully and maliciously stab, cut or wound any person with intent in any of these cases aforesaid to maim, disfigure or disable such person or to do some other grievous bodily harm to such person...' Tobias was accused of wounding another malle by biting off the end of his nose and charged in court. Has Tobias been correctly charged with violating the law? Scenario 4 According to the Street Offences Act 1959 (a UK Act), it was a crime for prostitutes to loiter or solicit in the street for the purposes of prostitution'. A group of prostitutes were calling to men in the street from balconies. They claimed they were not guilty of violating the law as they were not in the street. Is this argument correct? Scenario 5 Section 30 of the Offences Against the State Act 1939 (Ireland) stated that a suspect could be detained for questioning at 'a police station, a prison, or some other convenient place'. Billy was detained in a police car for several hours while two policemen questioned him in connection with a breaking and entering incident in a nearby shop. Billy claimed that the police had violated the law. Is Billy right? IMPORTANT NOTE: YOU MUST USE THE TEMPLATE PROVIDED BELOW TO COMPLETE THIS QUESTION. THIS IS A THINKING AND NOT A RESEARCH EXERCISE. DO NOT SIMPLY GOOGLE ARTICLES AND BOOKS.DO NOT GO LOOKING FOR THE "CORRECT LAW" as that is not the purpose of this exercise, and you will not receive marks for this. YOU MUST USE YOUR REASONING SKILLS to make a credible and persuasive argument. Make your reasoning as detailed as possible. DO NOT use secondary sources in this exercise. In other words, no references are required. Required word count for Part B: 600 words minimum to 700 words maximum. End of assignment question Template for Part B Scenario Short answer Reasoning and rule of statutory Interpretation which supports your argument/answer 1. Hot air balloon Erin has (or has not) Explain the reasons behind your answer committed an offence by in the second column here). The reason flying her hot air balloon for my answer is because.....(be sure to over Taronga Park Zoo specify the statutory interpretation rule or and landing it in the rules you used, briefly explain what the giraffe enclosure. rule or rules mean, and how you applied it in your answer). 2. Flick knife Yes I believe Mr Rogers This is because.... has committed an offence by displaying a flick knife with a price tag in the window of his shop. (Or 'No I do not believe Mr Rogers has committed an offence...") 3. Biting No Tobias has not been The reasons for my answer are as someone's nose correctly charged with follows.... violating the law. (Or "Yes Tobias has been correctly charged with violating the law.") 4. Solicitation Their argument is correct I gave this answer because... (or not correct). 5. Police Yes Billy is right (Or 'No The reason is because... questioning Bily is not right'-)