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Endangering Safety of Aircraft

Endangering Safety of Aircraft is when a person on board a plane does something to impact the safety of the plane.

  • A passenger on board a plane gets into a fight with another passenger.
  • Someone lights a cigarette while on board a plane.

  • You did not do anything that would endanger the safety of an aircraft.
  • You did not intentionally endanger the safety of an aircraft.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions that are asked in cases like this:
  • What do they think you actually did?
  • Can they prove you did anything that endangered the safety of an aircraft?

Maximum penalty and court that deals with this charge

The maximum penalty for Endangering Safety of Aircraft (s246C of the Crimes Act 1958) is 10 years imprisonment.

This is a strictly indictable charge which means that your case must be heard in the County Court.

What is the legal definition of Endangering Safety of Aircraft?
The Prosecution must show that you were on board an aircraft, and while you were on board, you did something that was likely to endanger the safety of the aircraft.

“Did you endanger the safety of a plane?”

The Law
The section that covers this offence is section 246C of the Crimes Act 1958.
 
What can you be sentenced to for this charge?
Endangering the safety of aircraft is a very serious offence that could result in a prison term if you are found guilty. However, the circumstances of your case and the seriousness of your actions will determine your sentence. For insignificant acts you may only receive a fine.