Taking Control of an Aircraft Without Lawful Excuse
Taking Control of an Aircraft Without Lawful Excuse is an offence under Section 154B(2) 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:
- You directly or indirectly took or exercised control of an aircraft, and
- You did not have a lawful excuse to do so
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
- Duress, and
- Claim of right, which means you genuinely believed you were legally entitled to the property
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