Author: Andrew George
Practice area: Public Order
Andrew is a founding Director of Doogue + George, ranked by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1995 with over 30 years of experience across all Victorian courts, tribunals and Royal Commissions. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Andrew authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Endangering Safety of Aircraft?
Endangering Safety of Aircraft is a serious indictable offence under section 246C of the Crimes Act 1958 (Vic). It applies to conduct by a person on board an aircraft that is likely to endanger the safety of that aircraft. The offence focuses on risk to aircraft safety arising from on-board behaviour.
Key points
- What must be proved: The accused was on board an aircraft and engaged in conduct likely to endanger its safety.
- Type of conduct: Behaviour on board an aircraft that creates a safety risk.
- Court level: Strictly indictable offence heard in the County Court.
The maximum penalty for Endangering Safety of Aircraft is 10 years imprisonment.
Common defences may include the conduct was not likely to endanger aircraft safety, or the accused did not intentionally endanger the safety of the aircraft.
Have you been accused of Endangering Safety of Aircraft?
Police Interview
The Police Interview about an allegation of Endangering Safety of Aircraft is part of the investigation into the allegations against you. It is not the time for you to explain yourself and present your story. It is important that you speak to a lawyer before an interview to ensure you understand your rights. You may want to know:
- Will I be remanded into custody?
- Do I need to answer the questions?
- Will it look bad if I say ‘no comment’?
Often in cases of allegations of Endangering Safety of Aircraft, the Police will have conducted an investigation. You have the right to speak to a lawyer from the station and can insist that you obtain legal advice before the interview.
You can have a lawyer present with you during the interview if it makes you comfortable knowing that you have someone on your side protecting your interests.
Pleading Not Guilty
Endangering Safety of Aircraft is a serious offence that may attract a term of imprisonment depending on the circumstances. It is critical that you obtain expert legal advice to understand your options. We are experienced at defending cases thoroughly and persistently.
We know how to carefully examine the brief of evidence to look for weaknesses in the police case, challenging the admissibility of police evidence.
Our lawyers work with in-house counsel to prepare a defence strategy for you from the early stages of proceedings. This could be the difference between a guilty and not guilty verdict.
Pleading Guilty
If you decide to plead guilty to Endangering Safety of Aircraft, it is important the case is resolved on the best basis possible. This may involve negotiating the specific of the charge or the summary of offending with the prosecution.
There is substantial preparation for a plea hearing to achieve the best sentence possible. Our lawyers will obtain expert reports, assist you to complete relevant courses and counselling, and gather character references from those close to you.
We work hard to understand your personal circumstances and background, ensuring that we comprehensively explain your story to the Court.
Examples of Endangering Safety of Aircraft
- A passenger on board a plane gets into a fight with another passenger.
- Someone lights a cigarette while on board a plane.
Defences
- 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 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.
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.
