Law Weblog

R v Bentham (2003) CA Statutory Interpretation – the Purposive Approach

Saturday 13 December 2003 at 11:56 am | In News | Post Comment

[Statutory Interpretation – the Purposive Approach]
D robbed A, whom he believed owed him money. A was still in bed. The defendant pointed his finger, covered by his jacket at A and demanded “every penny in the house”.  A believed his fingers were a gun.

Held: A purposive approach had to be adopted.  Section 17 of the Firearms Act 1968 was clearly designed to protect the victim confronted with what he thought was a firearm. It did not matter whether it was a plastic gun or a biro or simply anorak material stiffened by a figure. If it had the appearance of a firearm the jury were entitled to find the offence made out. 

Guilty