Using false identification information to obtain an air passenger ticket for a constitutional flight is an offence under section 376.4(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 12 months in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You used identification information
- The information resulted in an air passenger ticket being obtained for you or another
- The information was false in relation to the person who took, or intended to take, the flight
- You were reckless as to whether the information would be used to identify the passenger, and
- The flight was a constitutional flight
‘Identification information’ is that which relates to a person, whether dead or alive, real or fictitious, that is capable of being used to identify the person, whether by itself or in conjunction with other information.
- A name, address, date or place of birth, marital status, relative’s identity
- A driver licence or driver licence number
- A passport or passport number
- A voice print or biometric data
- A credit or debit card, its number or data stored or encrypted on it
- A financial account number, user name or password
- A digital signature
- Any series of numbers and/or letters intended for use as personal information, and
- An ABN
Identification information is false if it is false in a material particular that affects the capacity of the information to be used, whether by itself or with other information or documents to identify a person.
An ‘air passenger ticket for a flight’ is:
‘a ticket, or electronic record, on the basis of which a person is treated as being entitled to travel as a passenger on the flight, or a journey that includes a flight’.
A ‘constitutional flight’ is one which:
- Starts or ends in an Australian territory
- Is between Australia and a foreign country, in which the aircraft is used in the course of trade or commerce, for the carriage of passengers, or
- Is between one Australian state and another, in which the aircraft is used in the course of trade or commerce, for the carriage of passengers
You were ‘reckless’ if you aware there was a substantial risk that the identification information would be used to identify you or another as a passenger on a flight, and it was unjustifiable to take that risk in the circumstances, but you went ahead with your actions regardless.
Duress and necessity are defences to the charge.
If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Obtaining an Air Passenger Ticket with False Information using a Carriage Service matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.
376.4(1) Using False Identification Information to Obtain an Air Passenger Ticket for a Constitutional Flight
(1) A person (the defendant ) commits an offence if:
(a) the defendant uses information; and
(b) the defendant does so:
(i) with the result that an air passenger ticket for a flight is obtained (whether by the defendant or another person); and
(ii) reckless as to whether the information is used to identify the defendant, or another person, as a passenger on the flight; and
(c) the information is identification information; and
(d) the information is false in relation to the person who takes, or intends to take, the flight using the ticket; and
(e) the flight is a constitutional flight.
Penalty: Imprisonment for 12 months.
Constitutional flight offence–taking a flight using an air passenger ticket.
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Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.
We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.
Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
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We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.
We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
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We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.
The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.
We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.
We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
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Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
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Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.
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Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.
The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.
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Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.
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A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.
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