Legal Environment assignment Case Study Example | Topics and Well Written Essays - 1500 words

Legal Environment assignment - Case Study Example The defense has challenged the application of subsection (4) (c) and (5) (c), and has justified the action of the defendant for non-submission of the documents as per the injunctions of subsection (3). The counsel of the defendant referred to the decision of the district judge, and focused upon the true and legitimate interpretation of the subsection (6) (b), the submission of the defendant stated that 'It is a defense for the defendant to prove that he has a reasonable excuse for not providing a document within three days of the interview'. The legal issues in the case have been the raised and addressed. It was observed that two subsections have been taken as assumption with reference to the false immigration document submitted during the journey. If the defendant is able to justify his non-submission of the document, his actions can be regarded as legal by virtue of the provisions of subsection (7) (b) (iii), as per which 'the defendant had handed the false passport that he had used to his facilitator in circumstances where it would have been unreasonable to expect non-compliance with his instructions to do so'. As per the district judge, the subsection (3) and (6) (b) are applicable on the immigration document which has been in the possession of the defendant during his journey, however the subsection is not applicable provided that it has been proven that the immigration documents never existed. The claim ca neb verified through revision of the official records of the Immigration Department. Such issue further procl aimed that 'it was not open to the appellant to rely upon the fact that he had been unable to provide a genuine immigration document within three days of his interview'. However, the district judge has contended that the application of the two subsections is legal, and the subsections can be referred to during the discussion of the contentious issues related to the false immigration document. However, the appellant's alternative case has been disqualified, because 'he had not demonstrated that it was unreasonable to expect him not to comply with his facilitator's instructions to return the false passport'. The defendant has claimed that the mention of adverbial in the subsection signified that 'only relevant provision of subsection (3) shall be submitted within three days', thus providing exemption to the defendant. Which technique(s) of statutory interpretation do you consider that the Lord Chief Justice employed in the case Give reasons for your answers. According to the Chief Justice the subsection (4) (d) is related to the situation when the defense is implicated for the submission of the false documents, therefore the application of the subsection (3) has been declared as restricted, whereas the defense is obliged to submit his documents within three days of his interview. According to the judge, the application of the subsection (4) (d) is justified provided that the false documents are submitted by the immigrant after the charges are levied against him, therefore the conviction under section 2 is not possible until the period of three