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CRIMES (AVIATION) ACT 1991 - SECT 22A

Endangering safety of aircraft--acts also likely to endanger life or cause serious harm

  (1)   A person commits an offence if:

  (a)   the person commits an offence against subsection   22(1); and

  (b)   the act constituting the offence is likely to endanger a person's life or cause serious harm to a person.

Penalty:   Imprisonment for 14 years.

Note:   Subsection   22(1) provides for an offence of endangering the safety of a Division   3 aircraft.

  (2)   There is no fault element for the physical element described in paragraph   ( 1)(a) other than the fault elements (however applying), if any, for the physical elements of the offence against subsection   22(1).

  (3)   To avoid doubt, a person does not commit an offence against subsection   22(1) for the purposes of paragraph   ( 1)(a) of this section if the person has a defence to the offence against subsection   22(1).

  (4)   For the purposes of paragraph   ( 1)(b), an act is taken to be likely to cause serious harm to a person if it is likely to substantially contribute to serious harm to a person.

Alternative verdicts

  (5)   On a trial for an offence against subsection   ( 1), the trier of fact may find the defendant not guilty of that offence but guilty of an offence against subsection   22(1) if:

  (a)   the trier of fact is not satisfied that the defendant is guilty of the offence against subsection   ( 1) of this section; and

  (b)   the trier of fact is satisfied that the defendant is guilty of the offence against subsection   22(1); and

  (c)   the defendant has been accorded procedural fairness in relation to that finding of guilt.



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