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Destroying or Damaging an Aid to Navigation

Destroying or Damaging an Aid to Navigation is an offence under section 210 of the Crimes Act 1900, which carries a maximum penalty of 7 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You destroyed, damaged, removed, concealed or interfered with a mark, device or equipment used, or designed to be used, to assist the navigation of aircraft or vessels, and
  2. You did so intentionally or recklessly.

Alternatively, the prosecution must prove beyond reasonable doubt that:

  1. You engaged in an act, and
  2. You intended by that act to destroy, damage, remove, conceal or interfere with a mark, device or equipment used, or designed to be used, to assist the navigation of aircraft or vessels.

An ‘aircraft’ is any machine that can derive support in the atmosphere from the reactions of the air.

A ‘vessel’ is a water craft of any description that is capable of being used as a means of transportation on water.

Defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Self defence.

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