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Threatening to Destroy an Aircraft, Vessel or Transport Vehicle, Without a Demand

Threatening to Destroy an Aircraft, Vessel or Transport Vehicle, Without a Demand is an offence under section 208(4) of the Crimes Act 1900, which carries a maximum penalty of 5 years in prison.

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

  1. You made a threat to another person, and
  2. 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.

A ‘threat’ includes:

  1. An expression of intention, and
  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.

Defences to the charge include:

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

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