|
The thing Shera doesn't appear to have understood is the "thin ice" principle in criminal law, i.e. you construe the statute in the least restrictive or most favourable way towards the defendant/potential defendant. His idea of authorisation appears to have an additional gloss that "reads up", rather than "reading down" the statute in favour of the potential defendant.
As far as I am aware, this issue is untested in NZ but on the face of it I don't like Shera's interpretation. It might be more "IT aware" or what have you but it's incompatible with how we normally interpret criminal law.
|