Notes

The Literal Rule is the most appropriate interpretative approach for the judge to employ in Keely's case, specifically focusing on Sections 8(1b) and 8(1a) of the Noise Limitation (Fictitious) Act 2022. The Literal Rule underscores interpreting the Statutes words according to their plain and grammatical meaning. In this context, Section 8(1b) explicitly states that it's an offence for groups of more than 5 adults to congregate outdoors after 11 pm on any weekend night. Keely's gathering, with six guests staying out past midnight on a Saturday night, surpassed the specified time limit, resulting in a breach of Section 8(1b). Furthermore, if music was involved in the gathering, the Literal Rule indicates that it should have ended by 10 pm according to Section 8(1a), avoiding a violation of that rule. By adhering strictly to the literal language of the statute, the Literal Rule provides a clear and objective basis for determining Keely's breach of the Act based on the explicit provisions outlined in Sections 8(1b) and 8(1a)