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Taking Control of an Aircraft by Force

Taking Control of an Aircraft By Force is an offence under section 154B(4) of the Crimes Act 1900 which carries a maximum penalty of 20 years in prison.

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

  1. You directly or indirectly took or exercised control of an aircraft
  2. You did so by force or violence, or by any trick or false pretence
  3. At least one other person, other than an accomplice, was on board, and
  4. You did not have a lawful excuse for your conduct

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

Defences to the charge include:

  1. Self-Defence
  2. Necessity, and
  3. Duress

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