This ancient rule still exerts an influence in modern times. In this proceeds of crime case, it was held (at [17]) that an interpretation which allows a person to take advantage of their own wrong must be resisted.
The principle reflects public policy and illustrates an impact of practical consequences on interpretation. It applies in revenue contexts10, and is discussed in a recent Queensland decision11. iTip – although the ‘own wrong’ principle may not arise very often in practice, be aware that it can have an impact.
This case is from Episode 11 of interpretationNOW!
Footnotes:
10 De Marco [2013] NSWCA 86 (at [32-41]), illustrates.
11 MeridienAB v Jackson [2013] QCA 121 (at [20-27]).