Since the September 11 attacks in 2001, there has been a significant increase in aircraft security.
This increase in security has been accompanied by strict laws which aim to promote national security.
For example, section 207 of the Crimes Act makes it an offence to place ‘dangerous articles’ on board aircraft and boats.
A ‘dangerous article’ refers to a firearm, ammunition, weapon or explosive, or any substance that may endanger an aircraft or vessel, or people on board an aircraft or vessel.
The law says that you may be charged with a criminal offence if it is alleged that you placed or carried on board an aircraft or vessel an article that you knew was dangerous.
You can also be charged with an offence under this section if you deliver an article which you know to be dangerous to another person with the intention of having the article placed or carried on board
an aircraft or vessel.
Finally, you may face charges under this section if you have an article which you know to be dangerous in your possession while on board an aircraft or vessel.
Section 207 therefore covers a wide range of conduct in relation to dangerous articles on board planes and boats.
The maximum penalty for this offence is 7 years imprisonment.
It should be noted that this is the absolute maximum penalty and will only be imposed in the most serious cases.
Our expert defence team has a wealth of experience representing clients in firearms and explosives matters and can give you the best possible advice when it comes to securing a positive result in your matter.
For example, we can help you raise a defence to the charges where the owner or operator of the plane or boat gave you permission to carry the dangerous article on board.
207 Placing etc dangerous articles on board an aircraft or vessel
(1) In this section:”dangerous article” means:
(a) a firearm, ammunition for a firearm, a weapon or an explosive, or
(b) a substance or thing that, because of its nature or condition, could endanger the safety of an aircraft or vessel or persons on board an aircraft or vessel.
(2) A person who:
(a) places or carries on board an aircraft or vessel an article knowing that it is a dangerous article,
(b) knowing that an article is a dangerous article, delivers the article to a person for the purpose of having the article placed or carried on board an aircraft or vessel, or
(c) has possession of an article while on board an aircraft or vessel knowing that the article is a dangerous article,
is liable to imprisonment for 7 years.
(3) Subsection (2):
(a) does not apply to or in relation to anything done with an article in relation to an aircraft or vessel with the consent of the owner or operator of the aircraft or vessel where that consent is given with a knowledge of the nature or condition of the article, and
(b) does not apply to or in relation to the carrying or placing of a firearm or ammunition for a firearm on board an aircraft or vessel with permission given in accordance with regulations in force under the Air Navigation Act 1920 of the Commonwealth.
(4) A reference in this section to a firearm includes a reference to an imitation firearm within the meaning of the Firearms Act 1996.
Being accused of carrying a dangerous article on board an aircraft or vessel can have a negative impact on your life and reputation.
Further, these types of allegations have the potential to result in onerous penalties which may have a negative bearing on your life.
It’s therefore only natural to feel worried or concerned if you have been charged with an offence under this section.
However, you can rest assured that our team of dedicated criminal defence lawyers will guide you through every step of the court process and give you the best possible advice when it comes to fighting the charges.
We have considerable experience fighting firearms matters and can apply our specialist knowledge of this area to give you the best possible defence in your matter.
Our experienced lawyers will take the time to listen to your side of the story and advise you of your options.
Where possible, we will seek to have the charges dropped at an early stage by identifying problems with the prosecution case.
Alternatively, if you matter proceeds to court, our dedicated advocates will work alongside Sydney’s most esteemed criminal defence barristers in order to present your side of the story in the most compelling manner.
We will work with you to obtain all relevant evidence and witnesses that support your case.
Our defence team will then work tirelessly in order to deconstruct the prosecution case and witnesses.
Our lawyers can also assist where you wish to plead guilty.
In these cases, we can prepare sentencing submissions which focus upon the necessity of a lenient penalty.
Our ability to obtain the best possible results in every case is evidence of our lawyers’ hard work and dedication in each case.
Don’t waste time speaking to inexperienced lawyers – get the best defence team on your side now.
Call us on (02) 9261 8881 and book your FREE first conference with our experts to discuss the best steps forward in your case.