What did Smith v. Hughes decide?

That soliciting aimed at people on the street breaches the Act even if the solicitor stands at a window or balcony above the street.

Which interpretation rule was used?

The mischief rule. The court read the statute to stop the harm Parliament targeted: harassment of people using the streets.

Why is this case taught in class?

It shows how courts stretch statutory words to cure a social problem, a classic example for statutory interpretation and criminal law.

Does the offender need to be physically in the street?

No. It is enough that the solicitation is directed at someone in the street.

Who delivered the leading opinion?

Lord Parker CJ in the Queen’s Bench Division.

Smith v. Hughes [1960]

Smith v. Hughes [1960] 1 WLR 830

Statutory Interpretation Queen’s Bench Div. 1960 Lord Parker CJ Citation: [1960] 1 WLR 830 Reading: 6–8 min

Author: Gulzar Hashmi Location: India Published: 31 Oct 2025 Primary: Smith v. Hughes, Mischief Rule

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Quick Summary

CASE_TITLE Smith v. Hughes — The court read “solicit in a street” to include calls made from a window/balcony that target people walking on the street. Using the mischief rule, Lord Parker CJ upheld the conviction to protect users of public streets from harassment.

PRIMARY_KEYWORDS: Smith v. Hughes; mischief rule; Street Offences Act 1959 SECONDARY_KEYWORDS: soliciting; statutory interpretation; public place AUTHOR_NAME: Gulzar Hashmi LOCATION: India PUBLISH_DATE: 31 Oct 2025 Slug: smith-v-hughes-1960

Issues

Does soliciting from a window or balcony that faces a street count as soliciting “in a street or public place” under Section 1(1), Street Offences Act 1959?

Rules

Mischief Rule: Read the statute to cure the problem Parliament wanted to stop.
Street Offences Act 1959, s.1(1): Offence for a common prostitute to loiter or solicit in a street or public place for prostitution.

Facts (Timeline)

Balcony Soliciting: A known prostitute called to men on the street from a balcony about 8–10 feet above the road.

Attention-getting: She tapped the rail and hissed to catch attention, then invited men upstairs.

Charge: She was charged for soliciting in a street/public place under s.1(1) though she stood inside a private building.

Defence: She argued she was not physically “in” the street, so the Act did not apply.

Arguments

Appellant

The words “in a street” are literal; she was inside a private place.
Criminal statutes must be read strictly; no extension beyond text.

Respondent

The harm is harassment of people using the street.
Targeting passers-by from a window is the same mischief.

Judgment

Held: Conviction upheld by the Queen’s Bench Division (Lord Parker CJ). The Act aims to keep streets free from harassment. If the solicitation is aimed at people in the street, the offence is made out, even if the person soliciting is at a window or balcony.

Ratio

The phrase “in a street” covers conduct that projects into the street and targets passers-by. The court used the mischief rule to stop the precise social harm—street harassment—regardless of the solicitor’s physical position.

Why It Matters

Teaching classic: A go-to case on purposive reading in criminal statutes.
Policy-sensitive: Words yield to purpose when a literal reading frustrates the Act.
Exam tip: Use it whenever a defendant is just outside the literal line but squarely inside the harm zone.

Key Takeaways

The target of the conduct matters as much as the actor’s location.
Mischief rule can broaden otherwise narrow words.
Public protection purpose drives interpretation under the Act.

Mnemonic + 3-Step Hook

Mnemonic: “WINDOW → STREET → MISCHIEF”

Window: Soliciting from above the street.
Street: Target is a passer-by on public road.
Mischief: Purpose is to stop street harassment.

IRAC Outline

Issue

Does window/balcony solicitation amount to soliciting in a street?

Rule

Mischief rule; s.1(1), Street Offences Act 1959.

Application

Targeting men in the street is the same harm the Act addresses, even from a window.

Conclusion

Conviction stands; the conduct falls within the statute’s protective purpose.

Glossary

Mischief Rule: Interpret to cure the problem Parliament intended to remove.
Solicit: Invite or approach someone for prostitution services.
Public Place: Area open to the public; street users are the protected class here.