Well, I certainly understand and respect the spirit of the intent, but for the purposes of the court, of course, the Criminal Code and criminal statutes are always very restrictively interpreted. I think the wording makes it very clear that unless the elements that make this an offence are not there, it is in fact an offence, so I don't really see any need to add the words “would otherwise”; maybe that would confuse the court.
I understand the spirit, but I think the clear and simple wording that's there would be adequate for the court to understand. Again, the with penal codes being restrictively looked upon and scrutinized, I think the wording is probably better left as is.