The Analysis of the Case of R v Goodwin - Outline Example

?Analysing Legal Texts Write a case summary identifying the material facts, the issues, the reasoning on each issue,the decision in the case and the ratio In the case of R v Goodwin the facts are as follows; Goodwin while riding his PWC (a type of a water bike) recklessly had a collision with another PWC, which was not moving and due to such a collision the rider of the second PWC suffered grievous bodily harm. Goodwin was charged under section 58(2)(a) of the Merchant Shipping Act 1995 which applies to “master of, or any seaman employed in, a United Kingdom ship, and is committed if such a person while on board his ship or in its immediate vicinity” in its subsection (a) “does any act which causes or is likely to cause” and causes “the death of or serious injury to any person”. Goodwin pleaded that his PWC did not constitute a Ship in the statutory definition and it was not a sea going vessel and further that he was not a Master employed thus he not be chargeable under the Merchant Shipping Act 1995. in the initial trial his PWC ruled as a ship and Goodwin pleaded guilty however in his appeal the following questions of law arise: 1. Weather the PWC fell in the statutory definition of a ship ? 2. The meaning of the Word Sea going as per the Merchant Shipping Act 1995 3. Weather Goodwin fell under the category of Master Employed Weather the PWC fell in the statutory definition of a ship The statutory definition Merchant Shipping Act 1995 is provided in s.313(1):- “ship includes every description of vessel used in navigation”. The Court treated this statutory definition in two phases with the first being a vessel and the second being the capability of independant navigation. The court relied on Steadman v Scofield1 where a jet ski was not considered a vessel due to its design concluded that a vessel in its traditional meaning and considered it a hollow object of boat like design capable of transportation trasportation over water and concluded that even though a jet ski was not considered a vessel the PWC in this case was indeed a vessel. The Second test of Navigation was taken not in the literal sense but in its wider meaning and was concluded the ability to go from point A to B when ordered as in Curtis v Wild however as said in Steedman v Scofield the random movement meant for joy was not considered as navigation for the purposes of the statue concerned. Thus the PWC was not considred a Ship. Sea going as per the Merchant Shipping Act 1995 The Statue requires the vessel to be capable of voyage over sea and in this case the in fact ridiculed on the thought of a PWC capable of serious voyage and thus ruled it outside the statutory definition of Sea going vessel for the purpose of the statue and concluded that a vessel meant for recreation or purely for pleasure even though it may be capable of voyage in the literal sense was not to be taken as an actual sea traveling craft as per the requirement of the law. Weather Goodwin fell under the category of Master Employed The Merchant Shipping Act requires is for the Master Employed in a sea going ship. The Court decided in the positive to the last issue of law as Lord Phillips CJ said applied the act on a scenario of his devising that a person owning a yacht would also be punishable under the law if he so criminally injures a person. The Ratio in this case is concluded to be that in Order to be convicted under the Merchant Shipping Act 1995 Sec. 58 one needs to qualify the criteria and the three questioned as explained above state that a Ship defined as a craft capable of transport of people and goods and used in accordance with a pre-set navigation for the sake of fulfilling transportation related objectives 2. Identify within this case, examples of the literal rule of statutory interpretation.explain why u believe each example is of the literal rule. The Literal rule of interpreting a statue is when the Court reads the wording of the statue with its dictionary literal meaning without adding or subtracting anything of its own creation. The following are the examples of the Court using Literal rule of Interpretation in R V Goodwin: The Court used the literal approach when interpretation the meaning of the word a “vessel”. The Court read the term of vessel as literal in accordance with the dictionary meaning of the word being a vehicle capable of carrying people or goods and meant for transportation. The use of literal approach is apparent from Lord Phillips CJ’s comments and comparison of the PWC in question to the physical description of a traditional vessel and the resemblance to a boat. 3. Identify within this case,examples of purposive approach to statutory interpretation.explain why you believe each example is of the purposive approach.(20marks) The Purposive Approach to interpretation of a statue is used when the Court interpret the statue by deciphering the purpose of such a statue. This allows the Court to interpret the words in accordance to the actual purpose the statue was passed for, however this gives significant headroom for the court to mould the law as per its eyes. The case of R v Goodwin is a shining example of the Court using purposive approach as it failed the PWC of being a ship due to its interpretation of the word navigation for the purpose of the Merchant Shipping Act 1995. The Court held that navigation was not just the act of moving but the purpose behind the act was for orderly moving of ships for the purpose of reaching its destination not random going abouts for the purpose of pleasure. The Court used the purpose behind the act in order to interpret the Statue. The Court used the words “Sea-going ships” in not in the sense of a voyage over the ocean and ruled out mere travel from a Sea Voyage in the broader sense of the word. The Court’s use of purposive approach can be seen as it differentiates between mere travel over water and sea going with the use of Voyage in the meaning and rules out any circumstances if a small ship as the one concerned in the case was actually capable of Sea-going in the broader sense, further pointed out by Lord Philip pointing out the frailty of such a ship and the toughness required for it to be called Sea-going as per his own opinion. 4. Explain the importance of 'policy' in judicial decision-making and give examples of policy which might have affected this case The importance of Policy is visible in certain decisions by the court specially when the court chooses to use purposive approach and award concessions in certain specific cases as opposed to precedents. The role of Policy in the decision formed by the Court can be seen from the biased approach of the Court when dealing with this particular incident as opposed to precendt and ignorance of some facts. The PWC is very capable of Sea travel and has been known to go to the length of the atlantic ocean (not continous) and a reckless accident in this case was ignored due to technical interpretation of the statue. The fact that the Court divised a clear divide between the navigation of a vessel when done with a higher purpose or done for the use of pleasure is a blatant display of concession given by the court. The court in its precedents allowed the interpretation of an oil rig as a ship for taxation purposes but not a PWC is a clear display of policy in the judicial decision making process of the court. References (2010). English legal system 2010-2011. Abindon, Oxon, Routledge. http://site.ebrary.com/id/10371600. COWNIE, F., BRADNEY, A., & BURTON, M. (2010). English legal system in context. Oxford [u.a.], Oxford University Press GILLESPIE, A. (2009). The English legal system. Oxford, Oxford University Press. PARTINGTON, M. (2010). Introduction to the english legal system. Oxford, Oxford University Press. CRACKNELL, D. (2007). English legal system. London, Routledge Read More