Section 1 of the Countryside Act States That 'The Driving

question 8

Multiple Choice

Section 1 of the Countryside Act states that 'the driving of cars, motorcycles, lorries, tractors and other vehicles over public rights of way is a criminal offence'.
You are the prosecuting barrister in a case where the defendant has 'driven' a horse and cart over a public right of way. Which of the following maxims would you seek to employ and what would your argument be?

• A) I would use eiusdem generis to argue that the genus is clearly vehicles that have wheels and are capable of being driven by a person, and section 1 should therefore be interpreted so as to include horse and cart.
• B) I would use eiusdem generis to argue that the genus is clearly vehicles that are motor-powered and that horse and cart cannot therefore be read into this section.
• C) I would use noscitur a sociis to argue that the surrounding words are all motor-powered vehicles and that a horse and cart cannot therefore be read into this section.
• D) I would use expressio unius est exclusio alterius to argue that, because horse and cart are not included in the list, the legislature has specifically excluded them.

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