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Taking Control of an Aircraft With Passengers

Taking Control of an Aircraft with Passengers is an offence under Section 154B(3) of the Crimes Act 1900 which carries a maximum penalty of 14 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. At least one other person, other than an accomplice, was on board, and
  3. 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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