Strathern v Padden (John) [1925] ScotHC HCJ_3 (05 November 1925)

Strathern v Padden (John) [1925] ScotHC HCJ_3 (05 November 1925)

The statutory definition of 'offence' in section 20 of the Prevention of Crimes Act 1871 does not apply to the use of 'offence' in section 7, as applying it would lead to absurd and irrational results; instead, 'offence' in section 7 should be interpreted in its ordinary sense as any act punishable by law.

Citation
[1925] ScotHC HCJ_3
Parties
Appellant: Strathern; Respondent: Padden (John)
Jurisdiction
Scotland
Judgment Date
05 November 1925
Procedural Posture
Criminal Appeal / Appeal on a Point of Statutory Interpretation
Outcome
appeal allowed
Legal Topics
Definition of Offence, Application of Statutory Definitions, Prevention of Crimes Act 1871
Criminal Law Statutory Interpretation Definition of Offence Application of Statutory Definitions Prevention of Crimes Act 1871

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Parties

Strathern

Appellant

Padden (John)

Respondent

Procedural Posture

Criminal Appeal / Appeal on a Point of Statutory Interpretation

Legal Issues

  1. 1 Whether the statutory definition of 'offence' in section 20 of the Prevention of Crimes Act 1871 applies to the use of 'offence' in section 7 of the same Act

Ratio Decidendi

The statutory definition of 'offence' in section 20 of the Prevention of Crimes Act 1871 does not apply to the use of 'offence' in section 7, as applying it would lead to absurd and irrational results; instead, 'offence' in section 7 should be interpreted in its ordinary sense as any act punishable by law.

Court Disposition

appeal allowed

Orders

  • Question two answered in the negative