Criminal Question - e d dhd dhdkd djddk sjd fheien PDF

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Criminal-Style Problem Question

Licence to Hurt – Zachary v Police * Section 14 of the Motor Traffic Act 1955 has the following provision: 14. Cancellation of licence Any court before which a person is convicted for any offence in connection with the driving of a motor car may, if the person convicted of the offence holds any licence to drive a motor car under this Act, cancel the licence.

Zachary was the holder of a driver’s licence 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, fined $3000, and his licence was suspended for 12 months under s 14. Advise Zachary as to whether he has grounds for appeal.

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Acknowledgment: This problem question is sourced from Christopher Enright, “Hypothetical Statutes Question 1” in Legal Technique eWorkbook, 2002, Federation Press, ....