Facts
The facts are as follows:
Zachary was the holder of a licence to drive a motor car under the Motor Traffic Act. When
he was driving his car down the street he became annoyed at the way another motorist, Tina,
was driving. Zachary followed Tina to a shopping centre where Tina parked her car. Zachary
stopped his car and went over to Tina who was still sitting at the wheel of her parked car.
Zachary said to Tina, "You're a fool, an imbecile and an idiot. You're not fit to drive a golf ball,
let alone a motor car”. Zachary then punched Tina on the nose. Further violence was
prevented by passers by. Zachary was later convicted of assault in the Local Court and fined
three thousand dollars. The Court also suspended his licence for twelve months under s14 of
the Motor Traffic Act 1955.
Task
Advise Zachary as to whether he has grounds for appeal on any questions of
legal interpretation in relation to the suspension of his licence.
Introduction to the Answer
We are asked to advise Zachary on his proposed appeal against
the
suspension of his licence under s14 of the Motor Traffic Act.
Elements and Consequences
Section 14 has the following elements and consequences:
Element (i) Person
The defendant is a person.
Element (ii) Licence
The person holds a licence.
Element (iii) Motorcar
The licence is a licence to drive a motorcar.
Element (iv) Motor Traffic Act
The licence is held under the Motor Traffic Act 1955.
Element (v) Conviction
The person has been convicted of an offence before a
court.
Element (vi) Driving
The offence is an offence in connection with the driving of
a motorcar.
Consequences
The court may cancel the person's licence.
Figure 28.11 Elements and Consequences
Application of Law
Many of the items in s14 are clearly satisfied. Element (i) Person is satisfied
because Zachary is a person. Element (ii) Licence is satisfied because Zachary
holds a licence. Element (iii) Motorcar is satisfied because the licence is a
licence to drive a motorcar. Element (iv) Motor Traffic Act is satisfied because
Zachary holds this licence under the Motor Traffic Act. Element (v)
Conviction is satisfied because Zachary was convicted before a court of the
offence of assault.
There is doubt about two things. First, there is doubt as to whether Element
(vi) Driving is satisfied. Zachary was convicted of assault. There is doubt as to
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