Assaulting crew—affecting performance of duty
21 Assaulting crew—affecting performance of duty
A person must not, while on board a Division 3 aircraft, assault, threaten with violence, or otherwise intimidate, a member of the crew of the aircraft in a manner that results in:
an interference with the member’s performance of functions or duties connected with the operation of the aircraft; or
a lessening of the member’s ability to perform those functions or duties.
Penalty: Imprisonment for 20 years.
For the purposes of an offence against subsection (1), absolute liability applies to the physical element of circumstance of the offence, that the aircraft is a Division 3 aircraft.
For absolute liability, see section 6.2 of the Criminal Code.
Alternative verdicts
On a trial for an offence against subsection (1), the trier of fact may find the defendant not guilty of that offence but guilty of an offence against subsection 20A(1) if:
the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (1) of this section; and
the trier of fact is satisfied that the defendant is guilty of the offence against subsection 20A(1); and
the defendant has been accorded procedural fairness in relation to that finding of guilt.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.