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.
Crimes on an aircraft are Commonwealth offences. This is different from Qld offences, and requires specific skills and experience to defend. For strategic legal advice from our experienced aviation lawyers, contact us today.
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
Our experienced Brisbane criminal lawyers act in all aircraft offences. Below are keypoints about the offences.
What is 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 Assaulting a Crew Member on an Aircraft?
Assaulting a crew member on an aircraft includes actions such as assaulting, threatening with violence, or intimidating a crew member while they are performing their duties onboard. The maximum penalty for this offence is 10 years imprisonment.
However, if the assault, threat, or intimidation interferes with the crew member’s ability to perform their functions or duties related to the operation of the aircraft, the offence becomes more severe. In such cases, the maximum penalty increases to 20 years imprisonment.
Examples include:
Physical assault - Striking or attacking a crew member, even without causing actual injury.
Threatening Behaviour - Making verbal threats to harm a crew member, such as threatening violence.
Intimidation - Using words or actions to cause fear, such as agresive gestures or abusive language.
Interference with duties - Preventing a crew member from performing essential tasks, such as refusing to move during an emergency evacuation, obstructing access to safety equipment, or failing to follow instructions during turbulance.
What is Endangering the Safety of an Aircraft?
Endangering the safety of an aircraft involves committing a reckless act onboard that poses a risk to the aircraft’s operation or the safety of its passengers and crew. This is a serious offence under Australian law.
A person may be charged with this offence if their conduct could compromise the safe operation of the aircraft, such as interfering with flight controls, tampering with safety equipment, or engaging in behaviour that distracts or obstructs the crew.
The maximum penalty is 10 years imprisonment for reckless acts that could endanger the aircraft. However, if the act is likely to endanger a person’s life or cause serious harm, the maximum penalty increases to 14 years imprisonment..
What is Offensive or Disorderley Conduct on an Aircraft?
Offensive or disorderly conduct on an aircraft refers to behavior that disrupts the safety, comfort, or well-being of passengers and crew during a flight. This can include actions such as using abusive or threatening language, failing to comply with crew instructions, being intoxicated and disruptive, or engaging in physical altercations.
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 seek legal advice about any option to downgrade the charge 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.
We have successfully defended clients in this type of charge through a reduction in penalty and discontinuance of the charge after successful negotiations.
What to do 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. Our experienced criminal lawyers have extensive experience in all serious and complex crimes, including crimes on an aircraft. We have represented clients in a range of these offences where outcomes have been a fine, charges have been downgraded, or an actual term of imprisonment has been avoided for more serious offences.
