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Threatening to Destroy an Aircraft, Vessel or Transport Vehicle

Threatening to Destroy an Aircraft, Vessel or Transport Vehicle is an offence under section 208(2) 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 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.

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
  1. 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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