Laws7023 Tut

LAWS7023

Problem 1

Step 1: Identify the legal issue

The material facts are as follows:

* During October 1998 Jerry owned a pet magpie.

* Jerry kept the magpie in a cage at his Brisbane home.

* Jerry has not notified the Department of Environment and Conservation that he owns a magpie.

The main legal issue is whether, by keeping a magpie in the cage at home during October without notifying the Department of Environment and Conservation, Jerry is liable for breaching the Act.

Step 2: Identify the relevant legal rules

In this case, the relevant rule is the Magpie Act, of which the section 3 provides that ”Any householder, flat occupier or other person who permits a magpie to remain on his property at any time during the months of August, September or October without reporting the matter to the Department of Environment and Conservation shall be guilty of an offence. ”

Step 3: Apply the legal rules to the facts

a) Literal rule

Interpreted literally, the Magpie Act refers to ”Any householder, flat occupier or other person who permits a magpie to remain on his property”. In Jerry’s case, he owned a magpie as a pet and kept it in a cage. So the law does not apply clearly as intended.

b) Purposive approach

When applying a purpose approach, and asking whether the Magpie Act was intended to prohibit people from keeping magpies during their breeding season, or to prevent magpies from assaulting residents during their breeding season, we found out the real purpose is the latter one. In Jerry’s case, he kept a magpie in a cage, in which way the magpie is not likely to carry out any attack to residents, so he shall not be guilt of an offence.

Step 4: Reach a conclusion

Jerry is not guilty of an offence. Because interpreted by a purposive approach, Jerry, by not notifying the Department of Environment and Conservation of his keeping a magpie as a pet, did not carry out any possibility for letting his magpie attack the Australian public during its...