Public highway whilst in state of intoxication

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Question

An example of the use of the mischief rule is found in the case of Corkery v Carpenter [1951] . In 1950 Shane Corkery was sentenced to one month's imprisonment for being drunk in charge of a bicycle in public. At about 2.45 p.m. on 18 January 1950, the defendant was drunk and was pushing his pedal bicycle along Broad Street in Ilfracombe. He was subsequently charged under Section 12 of the Licensing Act 1872 with being drunk in charge of a carriage. The 1872 Act made no actual reference to bicycles. The court elected to use the mischief rule to decide the matter. The purpose of the Act was to prevent people from using any form of transport on a public highway whilst in a state of intoxication. The bicycle was clearly a form of transport and therefore the user was correctly charged. How do you explain this case?

Reference no: EM133936035

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