Facing Aviation charges in Qld?

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.

There are many aircraft offences in Australia. These include:

1. Hijacking 

2. Taking control of an aircraft

3. Destruction of an aircraft

4. Destruction of an aircraft with intent to kill

5. Prejudicing the safe operation of an aircraft

6. Assault crew, aviation team, or airport operators 

7. Endangering the safety of an aircraft

8. Dangerous goods

9. Threats and false statements on an aircraft including bomb hoaxes

10. Acts of violence at certain airports 

11. Unlawful interference with a crew member in the performance of their duties

12. Threatening the safety of an aircraft (including the use of a laser pointer)

13. Carrying weapons on an aircraft or through a screening point before boarding the aircraft

14. Carrying prohibited goods on an aircraft or through a screening point before boarding the aircraft

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. 

• 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 aggressive 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 turbulence.

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..

Offensive or disorderly conduct on an aircraft refers to behaviour 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.

If you have been charged with an offence on an aircraft, it is important to act quickly. Aviation offences are taken seriously and can carry significant penalties under both Commonwealth and State laws. These matters are often prosecuted in higher courts and may involve complex issues such as federal jurisdiction, passenger safety, and international travel.

One of the first steps is obtaining the statement of facts. This is prepared by the prosecutor and sets out the alleged conduct, the surrounding circumstances, and the evidence relied upon. It is essential to examine whether this summary accurately reflects what occurred and whether it can be properly supported.

Our Brisbane criminal lawyers will also seek information about the penalty range the prosecution intends to pursue, as well as the cases and precedents they rely on to support their position. This provides an early indication of the seriousness with which the prosecution views the matter and the outcomes they may push for in court.

Another critical stage is obtaining the brief of evidence. This contains the actual material the prosecution intends to rely upon, which may include passenger or crew witness statements, CCTV or in-flight video, flight records, and any other supporting documentation. Careful analysis of the brief allows us to identify inconsistencies, evidentiary weaknesses, or legal issues that can be raised in your defence.

It is crucial to get legal advice early if you have been charged with an aviation offence. Our experienced Brisbane criminal lawyers have acted in a wide range of aviation matters where outcomes have included fines, downgraded charges, or in more serious cases, avoiding an actual term of imprisonment. Early advice and preparation can make a significant difference to how your matter proceeds and to the result that is ultimately achieved.