Author: Jon Ross
Practice area: threats
Jon is a Senior Associate at Doogue + George with over 20 years of exclusive criminal defence experience, including serious violent crime and gang-related matters across London's Magistrates' and Crown Courts. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Jon authored this content and last revised it for accuracy on 7 August 2026.
What is the offence of Threats to Safety of Aircraft?
Threats to Safety of Aircraft is a criminal offence in Victoria under section 246E of the Crimes Act 1958. It targets conduct that involves communicating a threat or conveying an intention connected to interfering with the safety or operation of an aircraft or the wellbeing of those on board.
Key points
- Elements: A threat, stated intention, or statement from which intention can reasonably be inferred to destroy, damage or endanger an aircraft, or to kill or injure a person on board.
- Prohibited conduct: Threatening harm to an aircraft itself or to any person on board the aircraft.
- Usual court level: An indictable offence that may be heard and determined summarily in the Magistrates’ Court.
The maximum penalty for Threats to Safety of Aircraft is level 6 imprisonment (5 years).
Common defences may include factual dispute; duress.
Have you been accused of Threats to Safety of Aircraft? This is a serious allegation and you must obtain legal advice before speaking with the Police.
Police Interview
The Police interview is not the time or place for you to tell your side of the story or explain why you did or did not do something. The Police interview is structured to follow the alleged victim’s narrative of what they say occurred and to encourage an admission form you. If there are inconsistencies in your version of events, Prosecution will use this as evidence that you are a liar and are covering up your guilt. Speak to us today to get some advice about speaking to Police if you are accused of this charge.
Pleading Not Guilty
Our lawyers are experts in Criminal Law and have dedicated their careers to defending people in Court. Going to trial over this charge can be stressful. It is important that you engage competent lawyers who know the best course of action for every step of the Court process. Our firm has in-house counsel who are expert cross-examiners. They can get involved in your case early on working with your solicitor.
Pleading Guilty
Before you plead guilty to this charge, you must understand the likely consequences. Our lawyers will take you through every possible outcome so you can make an informed decision. A strong plea in mitigation made on your behalf can make a huge difference to the sentence you receive. Our lawyers can effectively persuade the Judge that you deserve the fairest possible penalty.
We will work with you to gather supporting material. We can help you obtain medical and psychological reports. Our job is to craft all available material into a persuasive narrative that informs the Court about your personal circumstances and the circumstances of your offending. Everyone has a story to tell and we are committed to hearing it.
Which court will the case be heard in?
It is an indictable offence, but the Magistrates’ Court may hear and determine this charge summarily.
What is the legal definition of Threats to Safety of Aircraft?
Any person who threatens, states that it is his intention, or makes a statement from which it could reasonably be inferred that it is his intention to destroy damage or endanger the safety of an aircraft or to kill or injure all or any of the persons on board an aircraft shall be guilty of an indictable offence.
Can they prove you made a threat?
Examples of Threats to Safety of Aircraft
- You get into a fight with your friend whilst on an interstate flight. Things escalate, and you threaten to injure him and others on the aircraft.
Legislation
The legislation for this offence can be found on section 246E of Crimes Act 1958.
Elements of the offence
To prove this charge the Prosecution must prove the following beyond reasonable doubt:
- The accused makes a threat or states that it is his intention, or makes a statement from which it could reasonably be inferred…
The accused must make a threat or a statement of intention to inflict damage. - That it is his intention to destroy damage or endanger the safety of an aircraft or to kill or injure all or any of the persons on board an aircraft
According to section 2A of the Crimes Act 1958, ‘aircraft’ means every type of machine or structure used or intended to be used for navigation of the air.The threat can be directed towards one person or multiple people, or at the aircraft itself.
Defences
Defences to this could be a factual dispute or duress.
You should ring us and discuss your case if you have been charged. Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.
Questions in cases like this
- Did you make a threat?
- Did you make a statement about your intention to injure or kill anyone onboard?
Maximum penalty for section 246E of the Crimes Act 1958
A person proven guilty of the charge of Threats to Safety of Aircraft (s246E of the Crimes Act 1958) may be sentenced to a maximum penalty of level 6 imprisonment (5 years).
