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QUESTION 7 Section 10B of the 2021 Driving Act (NSW), states that: Persons shall not engage in dangerous driving of motorised vehicles on roads, streets
QUESTION 7
- Section 10B of the 2021 Driving Act (NSW), states that: "Persons shall not engage in dangerous driving of motorised vehicles on roads, streets or in carparks." Joey drives his car dangerously in a public park. He argues that he is not liable for breach of this section. The Act does not have an objects clause, but the records of the Parliamentary debates show that the purpose of the Act was to protect members of the public from dangerous driving of motorised vehicles. Which one of the following best describes if Joey has breached the Act?
- a.Joey has breached the Act because no crime shall go unpunished.
- b.Joey has not breached the Act because he did not drive dangerously in an area listed in section 10B of the 2021 Driving Act (NSW).
- c.Joey has breached the Act according to the Literal Rule of statutory interpretation.
- d.Joey has not breached the Act because the Act did not have an object clause.
- e.Joey has breached the Act because dangerous driving in a public park goes against the purpose or object of the Act.
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