<Ul> <Li> Criticises Chief Justice's proposed appeal to Executive for clemency given need to respect separation of powers; should only make appeal in capacity as private citizens </Li> <Li> Moral considerations are irrelevant in applying the statute </Li> </Ul> <Li> Criticises Chief Justice's proposed appeal to Executive for clemency given need to respect separation of powers; should only make appeal in capacity as private citizens </Li> <Li> Moral considerations are irrelevant in applying the statute </Li> <Tr> <Td> Justice Handy </Td> <Td> <Ul> <Li> Court should take account of public opinion and "common sense" </Li> <Li> Aware that 90% of the public want the men to face a lesser punishment or be released </Li> <Li> Has heard rumours that the Chief Executive will not commute the sentence despite strong public opinion </Li> </Ul> </Td> <Td> Sets aside convictions </Td> </Tr>

The case of the speluncean explorers twentieth century statutory interpretation in a nutshell