Dangerous Goods on Aircraft

by Doogue O'Brien George Criminal Defence Lawyers

The Maximum Penalty for Dangerous Goods on Aircraft in Melbourne – How Serious is This Charge?

There is a maximum penalty of 5 years imprisonment for anyone found guilty of the charge of Dangerous Goods on Aircraft. Dangerous Goods on Aircraft is a very serious offence and this is reflected by the type of Court that hears related cases: the County Court.

 

The legislation on Dangerous Goods on Aircraft

The relevant legislative provision for Dangerous Goods on Aircraft is section 246D of the Crimes Act 1958 which is as follows:

                                      

Dangerous Goods on Aircraft

                                                                    

(1) Subject to this section any person who-

 

(a)  carries or places dangerous goods on board an aircraft;

(b)  delivers dangerous goods to a person for the purpose of their being placed on board an aircraft; or

(c)  has dangerous goods in his possession on board an aircraft-

 

shall be guilty of an indictable offence and shall be liable to level 6 imprisonment (5 years maximum).

 

(2) This section does not apply-

 

(a)  to or in relation to any act done with the consent of the owner or operator of the aircraft given with a knowledge of the nature of the goods concerned; or

(b)  to or in relation to the carrying or placing of firearms or ammunition for firearms on board an aircraft with permission granted under the Air Navigation Regulations of the Commonwealth.

 

(3) In this section dangerous goods means-

 

(a)  firearms, ammunition, weapons and explosive substances; and

(b)  substances or things that, by reason of their nature or condition, may endanger the safety of an aircraft or of persons on board an aircraft.

 

Pleading guilty or not guilty to Dangerous Goods on Aircraft in a Melbourne Court

Deciding whether to plead guilty or not guilty to Dangerous Goods on Aircraft has important implications for you and should be made after proper discussions with a criminal defence solicitor. If you are found guilty, there are likely to be severe consequences.

 

Elements of the charge of Dangerous Goods on Aircraft in a Melbourne Court

The prosecution must show that the defendant possessed or carried goods on an aircraft, or delivered goods to an aircraft, and that these goods were dangerous.

 

Defending a charge of Dangerous Goods on Aircraft in a Melbourne Court

Defences that are often run in relation to this charge include factual dispute and lack of intent. It is also a defence if the defendant actually had consent to carry such goods.

 

For more information on Dangerous Goods on Aircraft, you may visit the Doogue O’Brien George Melbourne Criminal Lawyers site (here).

 

Doogue O’Brien George Melbourne can provide you more details about this

Our Head Office is at 5/221 Queen Street, Melbourne

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)

 

This article was written on Sep. 16, 2013 and relates to the law that stands at this time.



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