criminal damage act 1971

[ifrahmunawar]

How would the court discover what it was that Parliament wanted to achieve by enacting the Criminal Damage Act 1971 if the Act was ambiguous? Give legal authority for your answer.

[New Judge]

What makes you think the Act is ambiguous?

[Gmcd01]

A blatant coursework question here. I can't decide whether I'm amused or vaguely insulted by the last sentence. But anyway, try:
Hansard, allowed by Pepper v Hart.
I'm not giving you the citation of the case as then you gain a modicum of knowledge by doing that research yourself. A brief google of Hansard will help you too.
Also, one can gauge Parliamentary intention by looking at the problems or lacunae with the old laws and what the older cases say. From that, common sense (usually, not always) provides an answer.
Alternatively, White Papers produced by Government Bodies set out objectives and issues to be tackled.
Finally, a brief mention of the Interpretation Act (research the act yourself) may be worthwhile.
And if you're in a real difficult situation...pick up a book and read some cases for yourself. I've decided I don't fancy giving you legal authority for my answer.

[kempie]

I think perusal of the Fraud Act 2006 would benefit the poster of this thread.

[Gmcd01]

I guess I might be missing your point here Kempie- but how could reading a 2006 Act provide insight into Parliamentary intention in 1971? All angles welcome.

[kempie]

Passing off someone else's work as your own ;-D

[Gmcd01]

Ah very clever, now I see the flaws in my sense of humour again :-)

[ifrahmunawar]

Actually its not a coursework question its an assessment that i did but i got a totally different answer for it so if anyone knows the answer a sensible REASONABLE answer can you please let me know,

And leave out the sarcasm and humour, be mature about it please.

x

[factor-fiction]

Perhaps you'd get better responses if you asked the question more politely. And the terse instruction "Give legal authority for your answer" does make it sound like a coursework assignment.
You say it's for an assessment rather than coursework-can you enlighten us as to what you mean by an assessment?
Thanks.

[ifrahmunawar]

i did an assessment at uni a couple of weeks ago, we got the paper back but for the answers we got wrong we didnt get the correct answers, so i decided to do my own research and get the answers but im really stuck on this one.
An assessment 10 questions to be answered by a certain time. Dont u know what an assessment is??

[Gmcd01]

Hmm perhaps my rather complete answer isn't enough for you? My answer is completely REASONABLE- given that I also have some lecturing experience under my belt. I can damn well assure you that HANSARD is the best source for the answer. You obviously don't know that it's the legal volumes that contain every word ever spoken in Parliament.
If you're at any half decent uni, you should be a half decent student who knows what Hansard is- and what Government Green & White papers are.
Leave out the sarcasm and humour? Why? My answer is correct and complete, whether you're clever enough to know that or not. Oh, and an assessment can take many forms- assessed driving, assessed language tests etc. etc- so quite why any poster should know it's (an arbitrary) 10 questions is beyond me. Good luck at university, you are going to need it.

[factor-fiction]

I couldn't help smiling at your comment "Dont u [sic] know what an assessment is?? "

In response to gmcd01's suggestion that this was a coursework question you said indignantly "Actually its [sic]not a coursework question its [sic] an assessment "
You subsequently went on to explain what the asessment was. Well your description sounded to me like it was part of your course- still sounds very much like coursework to me!

Anyway, in the circumstances I think you should be grateful to gmcd01's helpful pointers and perhaps you could even thank him?

[ifrahmunawar]

no thanks!!!

[New Judge]

But you still have not said what makes you think the Act is ambiguous.

I've read it and I cannot see any part of it that is intrinsically ambiguous.

Furthermore, it has not been superceded so it cannot be too unsuitable.

Perhaps you could help.

[Gmcd01]

I think, New Judge, that as it was an assignment/assessment, the question set was hypothetical. To my mind, the 'IF the Act was ambiguous' suggests that the question set is playing devil's advocate. It could just as easily have referred to the Salmon Act 1972 (which is amusing if nothing else.)

[factor-fiction]

ifrahmunawar -I'm not sure what you meant when you said that you got a totally different answer for this question. Totally different from what? Does that mean you have seen the correct answer?
Perhaps if you summarse your initial answer on here and ask politely, one of the legal experts on AB will comment on your answer.
Worth a try?

[ifrahmunawar]

its oryt people i got the answer now, you dont need to stress lol and no thanks for your help.