Meaning 2
A second meaning is that driving a motorcar is in fact (rather than in law as
above) involved in committing the offence. This may happen in at least two
ways:
(1)
Directly, for example a person assaults another by running them down
with their motorcar.
(2)
Indirectly, for example a motorcar is used as the get-away car after an
assault.
If this meaning is correct Zachary is not guilty.
Meaning 3
A third meaning is that driving a motorcar is involved in the facts as part of the
overall picture. This meaning covers Zachary's situation. So, if this meaning is
correct Zachary is guilty.
Reasons
In this case several arguments point strongly towards Meaning 1, that is,
driving a motorcar is an element of the offence. These arguments are:
(1)
Both the short title (the Motor Traffic Act) and the penalty provided by
s14, cancellation of the licence, indicate that the Act is concerned with the safe
regulation of motor traffic. It is likely, therefore, that the Act contains offences
where driving a motorcar is an element of the offence.
753
If this supposition is
correct, it points strongly toward the meaning of the provision proposed here.
(2)
Generally, provisions creating criminal offences or imposing penalties
are construed narrowly Meaning 1 is narrower than Meaning 2 and Meaning 3.
(3)
This meaning is clear, simple, relatively unambiguous and easy to apply,
whereas the other meanings involve a further test of degree.
There is also an argument that favours either of the wider meanings, that is
Meaning 1 and Meaning 2. This argument is that the punishment, cancellation
of a licence, is intended to fit the crime. Therefore where a person uses a
motorcar to commit a criminal offence part of the punishment should be to
have his or her licence cancelled.
“Cancel”
Introduction
Here the issue arises because the court has suspended Zachary's licence
whereas s14 authorises it to "cancel" the licence. The issue therefore is
whether power to 'cancel' a licence confers power to 'suspend' the licence.
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Here we speculate on the content of the statute. In real life we would look
at the provisions.
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