Question
Hey Tutors, I just need help drafting this statutory interpretation practice question. Could you please give me an in-depth explanation? Thanks! On a warm autumn
Hey Tutors, I just need help drafting this statutory interpretation practice question. Could you please give me an in-depth explanation? Thanks!
On a warm autumn Sunday a few weeks ago, Annad drove to pick up her younger sister from a picnic in Centennial Park. Annad had the windows open to enjoy the weather. The park was busy, and while Annad sat with the car idling in the parking lot waiting for a space to park in, something blew into her eye. Annad rummaged in her backpack, which was on the passenger seat beside her, and pulled out her mobile phone. She flipped open the case, so she could look into the mirror on the inside of its cover to see what was irritating her eye. As she was holding the phone and looking into the mirror on the inside of the case, a police officer pulled up beside her and saw her with her phone in her hand. Annad is charged with the offence of using a mobile phone while driving under s 300 of the NSW Road Rules 2014. Annad wants to contest the charge. She instructs you that she was only holding and looking into the mirror on the case, and not holding or looking at the phone itself. Annad also says she doesn't believe that she could be charged with a Road Rules offence, because she was just waiting in the parking lot instead of on the street.
Having located the relevant provision(s) that Annad has been charged with you need to provide her with advice about the likely outcome of the charge.
1. Setting out the elements of the offence and outlining what issues are raised in your reading of the facts;
2. interpreting the provision(s) using the statutory interpretation skills that you have been taught in this subject including attention to relevant extrinsic sources and judicial consideration; and
3. providing a clear conclusion about your advice to Annad as to each issue.
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