Yes, I see what you're saying. I see the point you're making.
Of course, the intent of this section is to specifically spell out that the third offence would result in being convicted of an indictable offence. I understand the point you're raising, that as it's written right now the comma might be in the wrong place and might contradict the first section, where it says “of an indictable offence or an offence punishable on summary conviction”.
It may be something the committee might need to look at, to clear up the language on that. This is my first crack at a PMB.