A Level Law Practice Exam

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What was the legal outcome in Smith v Hughes regarding soliciting laws?

Conviction was based strictly on location

Conviction upheld despite not being literally in the street

In Smith v Hughes, the case revolved around the interpretation of soliciting laws, specifically concerning the activities of prostitutes. The central issue was whether the defendants could be convicted under the soliciting statute even if they were not physically located on the street but were soliciting from a private area.

The court ultimately upheld the conviction by affirming that the law was designed to protect the public from the nuisance of prostitution, regardless of whether the solicitation took place literally on the street. The interpretation focused on the intention of the law rather than the stringent physical location of the activity. The reasoning hinged on the idea that soliciting could still be perceived as a public nuisance, thereby justifying the application of the law even when the solicitation was not directly occurring in a public space.

This approach underlined the intention behind the legislation and showcased how the courts could interpret laws to align with societal purposes rather than being limited to a literal interpretation, leading to the correct identification of the outcome as maintaining the conviction despite the lack of a physical presence on the street.

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Acquitted due to lack of physical presence

Law was deemed too complex to interpret correctly

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