This has the look of the doctrine of de minimis non curat lex not previously endorsed by the Supreme Court.
In reaching that conclusion, they relied upon the principle that a law should not be interpreted in a way that would make it absurd, as well as the principle de minimis non curat lex, to determine the proper interpretation of the provision:
While it remains an unsettled question as to whether the de minimis principle, embodied in the legal maxim "de minimis non curat lex" (the law does not concern itself with trifles), is available as a common law defence preserved by s.
Nevertheless, assuming that situations could still arise which do not warrant a criminal sanction, there might be another method to avoid entering a conviction: the principle of de minimis non curat lex, that "the law does not concern itself with trifles".
De Minimis Non Curat Lex
. Acta Juridica 1973; 291: 304.
On any view 650 soldiers is not very significant and as the militarist Romans would have said, de minimis non curat lex
-- the law does not concern itself with insignificant numbers.
Against this backdrop, this article considers the application of what may be one of the earliest examples of risk-based regulation--the ancient common law maxim de minimis non curat lex ("the law does not concern itself with trifling matters").
any effect the concentration of any of the deposits which occurred would have had no or at the very worst only a very trifling effect on fish and so the ancient principle of de minimis non curat lex applies".
(48.) See Paule Halley, "La regle de minimis non curat lex en droit de l'environnement", Developpements recents en droit de l'environnement, vol 214 (Cowansville, Que: Yvon Blais, 2004) at 4.
The American Law Institute defines the doctrine of de minimis non curat lex as follows: