Treena was jailed for two years for serious and repeated criminal harassment of several people. Treena is released on parole. The Parole Board set a special condition for Treena to comply with while on parole. It was worded as follows: Clause 2(g) If you commence any new relationship or resume any past relationship and fail to disclose that relationship to your Probation Officer you will be considered to be in breach of this Special Condition, and may be subject to prosecution under s71 of the Parole Act 2002. When out on parole Treena gets a job as a forklift driver at the local dairy factory. She had noticed one of the other workers, a single man called Sam. They have not spoken to each other at length, but they have met, and introduced themselves to each other. Treena commences out-of-work contact with Sam by texting him three times, asking him to go to the movies. Treena had not received any response to any of the texts. It is not clear how she got Sam's number. The texts say: Message 1: Hi Sam, Treena here. I'm the new forklift driver. It was so nice to meet you! I just wanted to know if you would like to go to the movies this Friday?Message 2:Hi Sam, Treena here again. I don't know if you got my last message. Are you keen to go to the movies on Friday?Message 3: Hi Sam, I'm still keen to meet up on Friday! If you don't like movies, we can go for a drink. I hope these texts are not annoying to you. The probation officer considers that Treena has breached her parole and a prosecution is launched. There is an interpretation issue in the special condition. That interpretation issue focuses on whether Treena has failed to disclose that she has commenced a new relationship. Do not consider other words in the provision. 

1. Identify the doubt about whether a relationship existed.
2. Articulate what each side (Treena and Corrections) are likely to argue over the word.
3. State the issue for interpretation 

Answer rating: 100% (QA)

The doubt about whether a relationship existed centers on the interpretation of the term relationshi... View the full answer