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Threatening to Destroy an Aircraft, Vessel or Transport Vehicle, and Taking Action

Threatening to Destroy an Aircraft, Vessel or Transport Vehicle, and Taking Action is an offence under section 208(3) of the Crimes Act 1900, which carries a maximum penalty of 25 years in prison.

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

  1. You made a demand of another person
  2. You did so by way of a threat
  3. The threat was to destroy or damage, or to endanger the safety of, or to kill or inflict bodily injury to a person on an aircraft, vessel or transport vehicle, and
  4. You also discharged a firearm, or caused an explosion, or wounded, or inflicted grievous bodily harm on, another person.

A ‘threat’ includes:

  1. An expression of intention, or
  2. The making of a statement from which an expression of intention could reasonably be inferred.

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.

A ‘transport vehicle’ is a vehicle other than an aircraft or vessel that:

  1. Is mechanically or electronically driven for use or designed use as a means to convey passengers or goods, or
  2. Is connected directly or indirectly to, and drawn or designed to be drawn by, a vehicle mentioned above.

A ‘wound’ is the breaking of both layers of the skin being the dermis and epidermis, and includes a ‘split lip’.

‘Grievous bodily harm’ is very serious harm.

It includes, but is not limited to:

  1. Any permanent or serious disfiguring, and
  2. The destruction of a foetus, other than by a medical procedure.

Defences to the charge include:

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

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