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:
- You directly or indirectly took or exercised control of an aircraft
- You did so by force or violence, or by any trick or false pretence
- At least one other person, other than an accomplice, was on board, and
- 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:
- Self-Defence
- Necessity, and
- Duress
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