Legal Case Study: R v Jogee and Statutory Interpretation

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Legal Method and Skills

Table of Contents
Introduction...................................................................................................................... 3
Exercise one.................................................................................................................... 4
Exercise two.....................................................................................................................9
Conclusion..................................................................................................................... 11
Reference List................................................................................................................ 12
2

Introduction
The understanding of better kind of assessment of the institution is related with the
proficient analysis of the domain. There are many cases where the possibility of having
criminal activities gets misinterpreted and then the convict is inappropriately punished.
The processes of judgement have been changed in the recent years and the
involvement has become more assiduous for the legal employees. For an instance, the
benevolence from a lawyer’s end has been evolved and it is seen that the issues have
been mitigated as well. The possibility of making alteration in the decision making
process is directly related with the concerns associated with the matter. In this context
the issues associated with the decision making process need to be analysed and for
that reason a collective knowledge regarding former cases is necessary. In the following
segment, a brief essay associated with statutory interpretation is going to be done and
the advantages and demerits will be stated. Apart from that, the case study analysis is
going to be given and proper justification to the decisions will be provided.
3

Exercise one
Evaluation of statutory interpretation and identification of advantages and
disadvantages of two different approaches
Introduction
The discussion is mainly related with the analysis of the situational context of the
current UK legislature. It is seen that the issues associated with the management of
certain context can be divided into different types and it is highly necessary for better
kind of assessment. The main aspect to be covered is finding the advantages and
disadvantages of both the process with proper critical evaluation. The analysis will help
in deducing the difference and the benefits to be derived from this procedure as well. It
is necessary for better kind of situation assessment and analysis of the condition.
Discussion
It is important to make sure that people are having a better kind of decision-making
process from the court’s end every time. It is seen that “law regulates people and
intuitions in a society and develops to reflect a combination of needs and
influences”1. It is seen that the business management process is associated with
proper kind of analysis, which is going to make a significant analysis of the situation. It
is seen that the business management process is going to help in making a proper kind
of detection of the issues and taking decisions accordingly. The process of making
changes and deciding the fate of the person needs to be redeveloped and for this
purpose, the segment needs to be developed properly. In this context, it is evident that
the management process needs to be changed because the need of the services has to
be managed properly. It is one of the most important things to be managed and that is
why the old traditions may have to be changed.
As stated by the Lord Denning the possibility of misinterpretation of a situation is high if
the analysis is not done in a proficient manner. On the other hand, he has also stated
that the state of mind is a very necessary option to consider in the old grammatical
approach2. Improvisation and making changes in accordance with the necessity is one
of the prime jobs for the judges. Keeping a good relation with the situation and making
changes in accordance with the requirement is a necessary option to be managed.
There are many situations where it is seen that the old approach has resulted in a
proficient manner and some of the cases have reflected that the assessment needs to
be done as per the proofs that have been derived. The process of issues settlement
needs to be aligned with the process of management of the situation. It is often seen
that the management process needs to be assured at first in order to initiate better kind
of services as well. The service management process should be sorted as per the
requirement of the cases that are being handled in the old-fashioned way.
1 Embley, J., Goodchild, P. and Shephard, C., 2017. Legal Systems & Skills. Oxford University Press.
2 Albertalawreview.com. (2019). [online] Available at: https://www.albertalawreview.com/index.php/ALR/article/download/2203/2192/
[Accessed 31 Jul. 2019].
4

The biggest thing related with the old-fashioned manner of case solving is, it is a
unidirectional process where the involvement of the judiciary board makes the entire
process prolonged and dependant on the subordinates. From the given detail, it can be
highlighted that the modern process of statutory interpretation is unique and can be
managed with less complications. It is seen that the issues have been enriched with
more complexities and the modern approach has become simpler as well there are
many cases where it is seen that the alteration in decision making has revolutionized
the world and the modern approach is one of those important ones as well. In
accordance with Lord Denning, having issues associated with the management process
is evident and it can be stated that the attitude of the job needs to be aligned with the
responsibilities as well.
The judges have to think in a righteous manner and the service providers need to think
of processes that are going to make certain changes while making decisions. From this
context, a line can be quoted from the Legal Skills book by Emily Finch and Stefan
Fafinski, which states, “the court of First Instance was established by Single
European Act of 1986 to ease some of the burden of cases on the court of
justice”3. The new methods of making alterations in the system are associated with the
change related requirements. This is the biggest difference that can be seen in the
situation management process and for better kind of engagement with the scenario; a
proficient analysis can be done as well.
The judges think in accordance with the understanding of the modern trends to make
changes in the system. The best option to consider is going of the golden rule of
approach. It is a major factor, which will help in making changes as per the requirement
of the situation. The most of the times, the responsibilities have to be changed in
accordance with the need of the situation. In the golden rule process of Statutory
Interpretation, the old methodologies of approach are prioritized but it is seen that the
complex conditions have made them inacceptable. The most of the times it is seen that
issues associated with the situational analysis initiated situations that are more
complex. The situations can only be managed with proper kind of new decision-making.
In the Grey v Pearson (1857) 6 HL CAS 61 the considered opinion of the judge stated
that the judgment process should be aligned with the requirements of the hour and the
collective proofs have to be managed as per the requirement4. This is the most
important thing to be acknowledged in order to make certain changes, which are highly
important. The process can be considered in those cases, which do not have a
particular meaning to be considered. It is seen that the modern issues are mainly
associated with the process and hence they have been considered as the most
important thing. There have been many cases in the modern context, which can be
managed with proper kind of analysis as well.
From this context, it can be stated that the possibility of issue mitigation is not
depending on the approach process but it is also important to analyze the main
3 Finch, E. and Fafinski, S. (2017). Legal skills. 6th ed. Oxfor University Press
4 Swarb.co.uk. (2019). Grey v Pearson: HL 9 Mar 1957 - swarb.co.uk. [online] Available at: https://swarb.co.uk/grey-v-pearson-hl-9-
mar-1957/ [Accessed 31 Jul. 2019].
5

circumstance as well. Therefore, it is evident that the process of incorporating old and
new methodology of approach is related with the demand of the situation 5. The best
option is to assess the scenario to make changes associated with the norms that have
been implemented.
There are some of the cases where it is seen that the management of certain legal
cases face complications with the traditional approach and in modern approach as well.
The most of the times it is seen that the management process needs to aligned with the
situational analysis process to make alterations with the decision making process6. The
traditional old-fashioned statutory interpretation is related with the situational analysis in
order to make modifications in the situation. There are some advantages and some
disadvantages as well to make things clear for the business assessment. It is seen that
the assessment of the situation needs to be aligned with to make some justified
approach.
From the analysis, it is found that the old-fashioned process is associated with the old
process of law making where the parliament is the sole authority to make some new
legislations for the public. This is the only similarity between the old and the new
process of making approach. It is seen that the approach style is related with the
understanding of the issues. The old rules stated that the unelected judges could not
contribute in law making process. The process of making changes in the situation is a
necessary thing to be considered for better kind of situation management process7. The
implementation of law has to be the same as it is detailed in the written document. This
helps in making an approach ore legit and the possibility of having issues are
normalized as well. Another thing to be considered is the transparency of the law
because it is as clear as it could be for any of the cases. The most of the times it is seen
that implementing the old statutory legislations is easier and people easily comprehend
it. For an example, the Tomlinson v Bullock (1879) four QBD 230 can be considered
where the old process is legislation was considered to make certain changes in the
situation8.
Another advantage of the old grammatical approach also includes approach associated
with the process management that is going to incorporate the importance of judges of
the panel. This helps in making a decision associated with the process of mitigation of
the facts that are associated with the cases. Then a diversified opinion can be gathered
in this process, and that will help in proper assessment of the scenario and chances of
making mistakes and missing out the points will be impossible as well. In the case of
Steele Ford and Newton V Crown Prosecution Service (No.2): Hl 1993b the old
grammatical approach has been considered and that has provided more transparency
5 Hertogh, M. and Kurkchiyan, M., 2016. ‘When politics comes into play, law is no longer law’: images of collective legal
consciousness in the UK, Poland and Bulgaria. International Journal of Law in Context, 12(4), pp.404-419
6 Duque, M. and McKnight, A., 2019. Understanding the relationship between inequalities and poverty: mechanisms associated with
crime, the legal system and punitive sanctions(No. 215). Centre for Analysis of Social Exclusion, LSE.
7 Orakhelashvili, A., 2016. UN Security Council Resolutions before UK Courts. Max Planck Yearbook of United Nations Law
Online, 19(1), pp.39-64
8 E-lawresources.co.uk. (2019). Tomlinson v Congleton Borough Council. [online] Available at:
http://www.e-lawresources.co.uk/cases/Tomlinson-v-Congleton-Borough-Council.php [Accessed 31 Jul. 2019].
6

for betterment9. There are some disadvantages as well to be considered like the act
may have been written initially with some errors in it and it is an unavoidable factor to
consider. The issues are going to be related with this and it will help in making changes
in the situation as well. On the other hand, it is not possible for the legal officials to be
right all the time and hence making mistakes is possible as well. The process of using
dictionaries is a major problem in the old grammatical methodology of approach. This
will help in making alterations in decisions because the meanings can be misleading
from the context of a certain case. This is why considering changes associated with the
situation and using rationality is essential. There have been many such cases where the
results have been different from anticipated. This is a major issue associated with the
assessment of the condition and one of the prominent examples, is Manchester City
Council V Pinnock: Sc 9 Feb 201110. In this case, the issues were initially
misinterpreted and then some modifications were made to make proper kind of
assessment as well.
The advantage of the modern approach is it is strategic and more relevant to the need
of the hour. For an example, the golden rule can be considered where the judges can
have better kind of situation related management in order to make some modifications
for better kind of assessment. The situation analysis is prioritised and the decisions are
considered. The subtle need of the situation is one of the most important things to be
considered in order to make changes in the situation. For an example, the Pepper v
Hart [1992] three WLR 1032 House of Lords considered the best kind of approach in
this case and understanding the subtlety of the situation the management considered
proper changes in accordance with the requirement11. On the other hand, the repugnant
situation handling process becomes easier and it is going to make some modification in
the situation. Another thing that is considered by the management is getting the
services managed by the act of parliament. The process is helpful in management of
the potentially absurd situation; this can be the only process can make some relevant
modifications in the situation management process after analysing the level of
ambiguity.
On the other hand, the modern approach has some of the disadvantages as well. The
process can only be used in situations that cannot be managed by the literal rules. The
Pickstone V Freemans Plc: Hl 30 Jun 1988 can be considered as a case where this
process was instigated12. The possibility of situational prediction is not possible and for
that reason, giving a better support to this process is not possible at all. The modern
approach often miscalculates the situations and then the issues are solved lately.
9 Swarb.co.uk. (2019). Steele Ford and Newton v Crown Prosecution Service (No.2): HL 1993 - swarb.co.uk. [online] Available at:
https://swarb.co.uk/steele-ford-and-newton-v-crown-prosecution-service-no-2-hl-1993/ [Accessed 31 Jul. 2019].
10 Swarb.co.uk. (2018). Manchester City Council v Pinnock: SC 9 Feb 2011 - swarb.co.uk. [online] Available at:
https://swarb.co.uk/manchester-city-council-v-pinnock-sc-9-feb-2011/ [Accessed 31 Jul. 2019].
11 E-lawresources.co.uk. (2019). Pepper v Hart. [online] Available at: http://www.e-lawresources.co.uk/cases/Pepper-v-Hart.php
[Accessed 31 Jul. 2019].
12 Swarb.co.uk. (2019). Pickstone v Freemans Plc: HL 30 Jun 1988 - swarb.co.uk. [online] Available at:
https://swarb.co.uk/pickstone-v-freemans-plc-hl-30-jun-1988/ [Accessed 31 Jul. 2019].
7

Conclusion
The process of making judgment is related with situation analysis and making changes
in accordance with the condition. It is seen that the management process has to be
balanced in accordance with the necessity of the situation. It can be concluded that
there are some advantages and some disadvantages and it is necessary to focus on the
positive sides to alter the decisions regarding change management.
8

Exercise two
1. Name the Court
Supreme Court is the main authority to consider as liable.
2. Provide the names of the solicitors and counsel representing the parties.
The names of the solicitors are Timothy Moloney, Jude Bunting and the council
members were the Privy Council members.
3. Provide the date of the judgment
The date of judgment was 18 February 201613.
4. Name the judges hearing the case.
Lord Neuberger, President
Lady Hale, Deputy President
Lord Hughes
Lord Toulson
Lord Thomas
5. Name the 1985 Privy Council case
Privy Council of Chan Wing-Siu v The Queen [1985] AC 168 case
6. What is the Privy Council and what role does it fulfil?
The Privy Council is formally named Privy Council of the United Kingdom. The members
of the organization are those who are the senior and former formal body advisors to the
country United Kingdom. The most senior politicians are one of the most important parts
of the council and it is seen that they have considered being the main authority
regarding any of the cases that are related with Governor’s consent14. It is seen that the
members are often seen to be a former member of the House of Commons and the
House of Lords.
The role of the authority is bit complicated and it is seen that the major Royal
Prerogatives are managed by them. Apart from that the department manages issues
associated with the execute instruments which is commonly known as the Orders in
Council. The public institutes’ management aspects are often checked by them and they
have the sovereign power to make modification in accordance with the requirements.
13 Supremecourt.uk. (2019). R v Jogee (Appellant) - The Supreme Court. [online] Supremecourt.uk. Available at:
https://www.supremecourt.uk/cases/uksc-2015-0015.html [Accessed 31 Jul. 2019].
14 UKSCBlog. (2016). Case Comment: R v Jogee; Ruddock v The Queen (Jamaica) [2016] UKSC 8. [online] Available at:
http://ukscblog.com/case-comment-r-v-jogee-ruddock-v-the-queen-jamaica-2016-uksc-8/ [Accessed 31 Jul. 2019].
9

The Orders of Council have the authority to regulate the institutions in a specific manner
for better kind of assessment. On the other hand, the council, and release the Royal
Charters, which are issued by the incorporated bodies, which are related with the
business assessment process. The roles are also associated with certain cases where
the parliament houses are unable to decipher the situation and give proper kind of
example as well.
7. Which judge delivered the judgment in the Court of Appeal?
Lawton Lane
Geoffrey Lane
Robert Goff J
8. What is the time-honoured way of inviting a jury to consider such a question?
There are several protocols to be managed and it is seen that every council has their
different manners to make some modifications proficiently. The time-honoured process
of contributing to invite a jury is to ask them what they think of contributing to the D1’s
act in a particular case. According to the case Ruddock (Appellant) v The Queen
(Respondent) (Jamaica), the opinion regarding planning as per the commitment of
people, involved in the process.
9. Why do Lord Hughes and Lord Toulson (at paragraph [107]) consider that this
submission was hopeless?
In this context, the opinion was thought hopeless because it was admitted by Hirsi that
he is going to cause harm if possible to the person who is on the opposite side. It is
stated that Hirsi and the appellant was in a mood of making violent activities after their
arrival. The person was ready after brandishing a bottle and he was encouraging the
other person to make act in accordance with the situation15. This can be easily stated
that he had people ready for murder. He was partially responsible for the issues that
have been faced by the people and due to his violent attributes and provocation, a
person was killed. This is why the authority considers the submission was hopeless.
10. Referring the case of DPP of Northern Ireland v Maxwell
In this context, the defendant stated that he was totally unaware of the facts that the
entire house is going to be bombed. The fact was he was a person who assisted the
principle authority who was the main convict. It is a major factor to consider for better
situation analysis and condition management. It is stated by the court that the defendant
was not liable for having knowledge related with offences. He was a support provider
and he was partially aware of the weapons that are going to be used for this process.
He carried the substances in a car and hence he was aware of the factors that are
associated with the offences. If this case stats that there is a major fault of the
defendant then the R v Jogee is not at all different.
15 Bailii.org. (2019). Jogee and Ruddock v The Queen (Jamaica) [2016] UKSC 8 (18 February 2016). [online] Available at:
http://www.bailii.org/uk/cases/UKSC/2016/8.html [Accessed 31 Jul. 2019].
10

Conclusion
The overall description says that there is a high possibility of making alteration in the
future because the processes of legal assessment are being lowered. The management
need to think of proper kind of processes that are going to get the issues solved. The
most of the cases it is seen that the problems need to be solved with proper kind of
analysis of the condition to make some modifications that are related with the situation
analysis and mismanagement of issues. It can be further concluded that the cases that
have been analysed are one of the best examples of making proper kind of alteration in
situation management.
11

Reference List
Albertalawreview.com. (2019). [online] Available at:
https://www.albertalawreview.com/index.php/ALR/article/download/2203/2192/
[Accessed 31 Jul. 2019].
Bailii.org. (2019). Jogee and Ruddock v The Queen (Jamaica) [2016] UKSC 8 (18
February 2016). [online] Available at: http://www.bailii.org/uk/cases/UKSC/2016/8.html
[Accessed 31 Jul. 2019].
Duque, M. and McKnight, A., 2019. Understanding the relationship between inequalities
and poverty: mechanisms associated with crime, the legal system and punitive
sanctions(No. 215). Centre for Analysis of Social Exclusion, LSE.
E-lawresources.co.uk. (2019). Pepper v Hart. [online] Available at: http://www.e-
lawresources.co.uk/cases/Pepper-v-Hart.php [Accessed 31 Jul. 2019].
E-lawresources.co.uk. (2019). Tomlinson v Congleton Borough Council. [online]
Available at: http://www.e-lawresources.co.uk/cases/Tomlinson-v-Congleton-Borough-
Council.php [Accessed 31 Jul. 2019].
Embley, J., Goodchild, P. and Shephard, C., 2017. Legal Systems & Skills. Oxford
University Press.
Finch, E. and Fafinski, S. (2017). Legal skills. 6th ed. Oxfor University Press
Hertogh, M. and Kurkchiyan, M., 2016. ‘When politics comes into play, law is no longer
law’: images of collective legal consciousness in the UK, Poland and
Bulgaria. International Journal of Law in Context, 12(4), pp.404-419.
Orakhelashvili, A., 2016. un Security Council Resolutions before uk Courts. Max Planck
Yearbook of United Nations Law Online, 19(1), pp.39-64.
Supremecourt.uk. (2019). R v Jogee (Appellant) - The Supreme Court. [online]
Supremecourt.uk. Available at: https://www.supremecourt.uk/cases/uksc-2015-
0015.html [Accessed 31 Jul. 2019].
Swarb.co.uk. (2018). Manchester City Council v Pinnock: SC 9 Feb 2011 - swarb.co.uk.
[online] Available at: https://swarb.co.uk/manchester-city-council-v-pinnock-sc-9-feb-
2011/ [Accessed 31 Jul. 2019].
Swarb.co.uk. (2019). Grey v Pearson: HL 9 Mar 1957 - swarb.co.uk. [online] Available
at: https://swarb.co.uk/grey-v-pearson-hl-9-mar-1957/ [Accessed 31 Jul. 2019].
Swarb.co.uk. (2019). Pickstone v Freemans Plc: HL 30 Jun 1988 - swarb.co.uk. [online]
Available at: https://swarb.co.uk/pickstone-v-freemans-plc-hl-30-jun-1988/ [Accessed 31
Jul. 2019].
12