First Principles of Business Law

Sources of law: legislation
6. Rules of Interpretation

6.11. Example of 'noscitur a sociis'

 

 

 

During a fight, Anna Hardt, a prisoner, bites the end off another person's nose. She is charged under an Act which provides that 'stabbing, cutting or wounding another person is an offence'. Anna did not stab or cut anyone. But does biting the nose constitute 'wounding' under the the provisions of the Act?

Apply the 'noscitur' principle to these facts and decide which of the alternatives below reflects the most likely result.

(a) The words 'cutting' and 'stabbing' both involve injuries caused with an instrument and the word ' wounding' must be interpreted in the same sense, to mean an injury inflicted with an instrument.

(b) The words 'stabbing, cutting and wounding' all refer to physical injuries and ' wounding' should be interpreted generally to mean any injury, however caused.

 

 

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