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Golden rule /case explanation

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Golden rule /case explanation

  • This topic has 3 replies, 2 voices, and was last updated 8 years ago by MikeLittle.
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  • September 13, 2016 at 12:19 pm #340322
    hanadi
    Member
    • Topics: 7
    • Replies: 6
    • ☆

    Adler v George (1964)

    Facts:

    A conviction was challenged on the basis of what appeared to be a miswording in the Official Secrets Act (1920). This Act made it an offence to obstruct a member of the armed forces in the vicinity of' particular locations, but not actuallyin’ those locations. The defendant was actually inside an Air Force base at the time of the incident, which he claimed was beyond the literal scope of the Act.

    Held:

    The words ‘in the vicinity of’ a prohibited place in the Official Secrets Act were held to cover the acts of the defendant which took place ‘within’ a prohibited place.

    could you please explain this case and how is it related to golden rule ? I could not understand it .thanks on advance

    September 13, 2016 at 10:33 pm #340395
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23319
    • ☆☆☆☆☆

    The court simply held that ‘in the vicinity of’ was sufficient to include ‘in’

    But why do you want to know? This is much too specific for anything that you will need for an F4 exam!

    September 14, 2016 at 7:33 am #340439
    hanadi
    Member
    • Topics: 7
    • Replies: 6
    • ☆

    Hello thanks for your reply, this is an example of the golden rule from Kaplan textbook .

    September 14, 2016 at 9:54 am #340454
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23319
    • ☆☆☆☆☆

    Yes, to exclude ‘in’ as not being close enough to ‘in the vicinity of’ would indeed have been an absurdity

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