Aviation Lawyers
Have you been charged with an aircraft offence?
Criminal offences related to air safety in Australia are contained in the Crimes (Aviation) Act 1991 (Cth). Any offence on an aircraft or against crews or passengers, is treated seriously by the Civil Aviation Safety Authority (CASA) and the Commonwealth Office of the Director of Public Prosecutions (CDPP). Early advice and legal representation from an experienced aviation lawyer is crucial if you have been charged with breaching aviation law.
For legal advice from experienced aviation lawyers, email or text our law firm using the links below, or on (07) 3012 6531.
What are aircraft offences?
Aircraft offences are Commonwealth offences and can be prosecuted throughout all states and territories in Australia by the Commonwealth Office of the Director of Public Prosecutions (CDPP).
As work health and safety is integral to the aviation industry, a broad range of aircraft offences are treated seriously when concerning Australian airports and major airlines. It is important to get in touch with our law firms’ experienced aviation lawyers as soon as possible to get the best outcome for your case.
What are the types of aircraft offences in Australia?
There are many aircraft offences in Australia. These include:
Hijacking
Taking control of an aircraft
Destruction of an aircraft
Destruction of an aircraft with intent to kill
Prejudicing the safe operation of an aircraft
Assault crew, aviation team, or airport operators
Endangering the safety of an aircraft
Dangerous goods
Threats and false statements on an aircraft including bomb hoaxes
Acts of violence at certain airports
Unlawful interference with a crew member in the performance of their duties
Threatening the safety of an aircraft (including the use of a laser pointer)
Carrying weapons on an aircraft or through a screening point before boarding the aircraft
Carrying prohibited goods on an aircraft or through a screening point before boarding the aircraft
More information about some of the above common offences are as follows:
What is considered hijacking an aircraft?
According to the law, a person hijacks an aircraft if, while on board the aircraft, the person seizes or exercises control of the aircraft by force, or threat of force, or by any other form of intimidation. This is an extremely serious offence and is punishable on conviction by life imprisonment.
What is the maximum penalty for assaulting a crew member on an aircraft?
It is a criminal offence for a person to assault, threaten with violence, or intimidate a person that is a member of the crew on an aircraft. The maximum penalty is 10 years imprisonment.
However, if that assault, threat, or intimidation results in an interference with the member’s performance of functions or duties connected with the operation of the aircraft, then the maximum term of imprisonment is increased to 20 years.
What is endangering the safety of an aircraft?
A person who commits a reckless act on an aircraft which could endanger the safety of the aircraft, is guilty of an offence. The maximum penalty is 10 years imprisonment, but increases to 14 years imprisonment if the act is likely to endanger a person’s life or cause serious harm to a person.
What if you have been accused of aviation crimes?
It is crucial to get legal advice early if you have been charged with an aviation offence. At Ashworth Lawyers we have a broad spectrum of practice areas we operate in and our experience even extends to aviation law.
Examples of criminal charges relating to aviation matters we have successfully defended clients on includes:
Pointing a laser at an aircraft;
Being a nuisance on an aircraft, including swearing;
Refusing to follow the directions of the crew on an aircraft, including failing to wear a seatbelt on an aircraft
We are leading criminal lawyers with decades of combined experience in criminal defence. We are dedicated to understanding each of our client’s circumstances and finding the best options to meet our client’s needs. We are thorough and precise in our preparation, and are familiar with the courts, prosecutors, and processes. We draw on this knowledge and experience to bring the best outcomes for each case. Contact us today to speak to a senior lawyer about your case.
Have you been charged with a Drone Safety offence?
Ashworth Lawyers also assist with offences relating to drones. The Drone Safety Rules are derived from the Civil Aviation Safety Regulations Part 101. It provides rules relating to the safe operation of drones.
What are the categories of drones?
Drones can be used for sport of recreation, or for commercial reasons. They are categorized into different sizes and are also known as ‘model aircraft’ or ‘remotely piloted aircraft (RPA’). Categories include multi-rotor helicopters, single-rotor helicopter, aeroplane, powered-lift, or airship. Weights (sizes) range from micro (up to 250 grams) up to large (more than 150kg).
In some instances, depending on the reason for flying and the category of the drone, you may need an ‘operator accreditation’, ‘remote pilot licence’ (RePL) or an ‘approval to fly’. You should also consider whether you need to register your drone with CASA.
What are the rules relating to the safe operation of drones?
You can only fly your drone:
1. one at a time
2. during the day
3. avoiding cloud, fog, or smoke
4. when you can see your drone with your own eyes – not by using goggles, binoculars or another device
5. avoiding obscurities. That is, do not fly your drone behind obstacles such as buildings or trees which may obstruct your view of the drone.
You cannot fly your drone:
1. higher than 120 metres (400ft) above ground level
2. closer than 30m to people, except those helping to control or navigate the drone
3. over or above people, such as people on a beach, sports stadium, concert, or wedding
4. in a way hazardous to people or aircrafts
5. near emergency operations
6. in prohibited or restricted airspace
7. closer than 5.5km to a controlled airport if your drone weights more than 250 grams. Other limitations may exist near airports. You should also check your local State or Territory for their rules if you intend to fly your drone in a national park, forest reserve, the local park or sports oval, and near marine and wildlife.
Breach of Drone Safety Rules
The Civil Aviation Safety Authority (CASA) investigates reports of unsafe flying. Complaints could be made by the public or the police. If CASA finds that a breach has occurred, options include education, issuing a formal warning, or issue an infringement notice. Penalties can include fines and operating restrictions. In more serious cases, CASA can refer the case to the Commonwealth Director of Public Prosecutions (CDPP) and the matter may be referred to Court.
What to do if you have been charged with breaching the drone safety rules?
We have significant experience in defending clients charged with criminal offences and have been summonsed to attend court. In suitable cases, charges can be negotiated with the prosecutor to have the matter downgraded or even discontinued.
Other options include pleading guilty (sentence) or not guilty (trial).
Even if you intend to plead guilty, it is important to speak to a lawyer for advice about:
1. whether there is sufficient evidence for the prosecutor to prove the charge;
2. the precise allegations being submitted by the prosecutor to the court. This is important to check that you accept the facts you are pleading guilty to;
3. the likely penalty, which should also include advice about the likelihood of any criminal convictions.
Our senior criminal lawyers are available to discuss how we can help you with your case.
Common Questions
DO I HAVE TO ATTEND COURT?
If you have been issued with a notice requiring your attendance at court, it is important to seek legal advice early.
Generally, a client will at least need to attend with us at the first and the last court date. It may be that we can appear on a client’s behalf for any attendances in between, or it may be appropriate to submit an Online Application for a Court Event through the Queensland Court’s website. This allows persons to apply for an adjournment of a court date in advance without the need to personally attend court.
It is not uncommon for cases to be adjourned several times before being finalised. Reasons for court adjournments include time for legal advice, receiving the Brief of Evidence from the prosecutor, and time to prepare sentencing material including character references.
If you are unsure whether you need to attend, it is important to check with a lawyer, and if in doubt, attend your court date. If you are required at a court date, but fail to attend, consequences can include a warrant being issued for your arrest. This means that the police can arrest you and force you to appear before a court. In doing so, the court may revoke your bail, which means that you will need to remain in custody until the conclusion of your matter.
WILL I HAVE A CONVICTION RECORDED?
Aviation offences in Australia are Commonwealth offences. This means that Commonwealth legislation, as opposed to State or Territory legislation, applies. To achieve a non-recording of a conviction for a Commonwealth offence is more complex than a State or Territory offence because of the way the Commonwealth laws are written.
Even if a small fine is ordered for a Commonwealth offence, a conviction is automatically recorded by operation of the law. The main way to avoid a conviction being recorded for a Commonwealth offence is if the sentencing court orders a ‘section 19B bond’. To be released pursuant to a bond, the court will consider very specific factors including your:
Character
Antecedents
Age
Health
Mental condition
The trivial nature of the offence
The extenuating circumstances under which the offence was committed
The court will then apply these factors to a specific and technical test prescribed in the law and then decide whether a conviction is recorded or not. We have wide experience in dealing with Commonwealth crimes and have successfully argued non-recording of convictions in past cases.
WHAT IS OFFENSIVE OR DISORDERLY CONDUCT ON AN AIRCRAFT?
Conduct which is considered ‘offensive or disorderly’ is wide and examples of acts which have been before the courts include:
Abusive behaviour and using profane language on an aircraft;
Making sexual innuendos and remarks and gesturing sexual movements;
Threatening to punch a passenger and cabin manager;
Taking shirt off mid-flight and refusing to put it back on when asked by flight attendants, using profanities
It is common for this type of matter to be charged alongside other offences if arising on the facts, including assaults, obstructing a Commonwealth public official, interference with crew or aircraft, and failure to comply with crew’s instructions. It is important to not immediately plead guilty to all charges and consider whether there is scope to reduce the charges or negotiate the facts, as it could make a difference to the penalty.
Often, most persons committing these offences do so whilst intoxicated. Whilst not a defence, it is a common feature seen by the courts in these types of cases. In most cases, clients with no criminal history and having entered an early plea of guilty to facts at the lower end of the offending level, receive fines.
However, outcomes do vary depending on the facts and personal circumstances and so specific legal advice to your case is important. There may also be other consequences, such as impact on your work and ability to travel, if a conviction is recorded.
