Essay question Read these two answers and assess what mark you think they should get and why, entering it into the box.
The Sexual Offences Act made it an offence to solicit in a street or public place, but the prostitutes were actually soliciting men who were on the street, from a ground floor window. A railway worker whilst doing maintenance was killed oiling points across a railway line. The full force of the literal rule was demonstrated in the case of Whitely v, Chappell Charges were brought under the Official Secrets Act for an offence which involved being 'in the vicinity of any prohibited place'.
The rule was described by Lord Esher in R v City of London Court Judge  1 QBwho said that 'If the words of an Act are clear, you must follow them, even though they lead to a manifest absurdity.
A good example of such absurdity arising from the literal rule being used can be found in Fisher v Bell  1 QB Traditional use[ edit ] In the century in which it was created, and for some time thereafter, the mischief rule was used in a legislative environment very different from the one which has prevailed in the past two centuries.