UNDERSTANDING AIRCRAFT OFFENCES: ENDANGERING THE SAFETY OF AN AIRCRAFT IN NSW

on August 12, 2025

Endangering the safety of an aircraft is a grave federal offence in New South Wales (NSW) and across Australia, carrying severe penalties that can include lengthy imprisonment, substantial fines, and a criminal record with long-term consequences for employment, travel, and reputation. As air travel continues to grow, aviation authorities have placed increased emphasis on safety, making it essential to understand the legal implications of actions that could jeopardise an aircraft or its passengers. Facing such a charge requires expert legal guidance to navigate the complexities of federal and state laws. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend clients against aircraft offences and related charges. As leading Sydney criminal Defence lawyers and traffic law specialists, we are committed to protecting your rights and achieving the best possible outcome in NSW courts.

In this comprehensive guide, we explore everything you need to know about aircraft offences involving endangering the safety of an aircraft in NSW, including the legal definition, penalties, defences, related offences, and how a lawyer can help mitigate or dismiss charges. Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship

For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

What Is Endangering the Safety of an Aircraft in NSW?

Endangering the safety of an aircraft is a federal offence primarily regulated by Commonwealth legislation, as aviation falls under national jurisdiction. The key law is the Crimes (Aviation) Act 1991 (Cth), which criminalises acts that threaten the safety of an aircraft, its passengers, or crew. Under section 21 of the Crimes (Aviation) Act 1991 (Cth), it is an offence to perform an act that is likely to endanger the safety of an aircraft, such as tampering with equipment, making false threats, or causing disruptions that could lead to accidents. The offence can be prosecuted in two forms:

  1. Intentional Endangerment: Where the defendant deliberately acted to endanger the aircraft.
  2. Reckless Endangerment: Where the defendant was aware of the risk but proceeded regardless.

To secure a conviction, the prosecution must prove beyond a reasonable doubt:

  1. Act Likely to Endanger: The defendant performed an act (e.g., interfering with navigation equipment or making a bomb threat) that could endanger the aircraft’s safety.
  2. Aircraft in Operation: The act occurred while the aircraft was in flight, preparing for takeoff, or landing.
  3. Intent or Recklessness: The defendant acted intentionally or was reckless about the potential harm.
  4. Unlawful: The act was not authorised or justified by law (e.g., no emergency or safety necessity).

While aviation is federal, NSW courts handle many cases, particularly if the offence occurs within NSW airspace or airports like Sydney Kingsford Smith. Cases are typically heard in the Federal Court or Local Court for less severe incidents, with serious cases escalating to the District Court or Supreme Court. The offence intersects with state laws, such as section 209 of the Crimes Act 1900 (NSW), which criminalises providing false information that prejudices aircraft safety.

Examples of Endangering Aircraft Safety

  • Tampering with Equipment: Interfering with cockpit instruments or cabin safety gear.
  • False Threats: Making a bomb threat or hoax call that causes flight delays or evacuations.
  • Disruptive Behaviour: Physically interfering with crew or passengers in a way that distracts pilots or causes panic.
  • Carrying Prohibited Items: Possessing explosives or weapons that could be used to endanger the flight.
  • Laser Pointer Incidents: Pointing lasers at aircraft, impairing pilots’ vision.

These offences often occur at Sydney’s busy airports or during flights, where security is paramount.

Related Offences

Endangering aircraft safety is often charged alongside or instead of related offences:

  • False Information Prejudicing Aircraft Safety (section 209, Crimes Act 1900 (NSW)): Up to 7 years imprisonment for hoax threats.
  • Possessing Dangerous Goods on Aircraft (section 23, Crimes (Aviation) Act 1991 (Cth)): Up to 7 years imprisonment.
  • Assaulting Crew on Aircraft (section 206, Crimes Act 1900 (NSW)): Up to 7 years imprisonment.
  • Endangering Safety by Laser Pointer (section 11G, Summary Offences Act 1988): Fines up to $2,200 or 2 years imprisonment.
  • Hoax Threats (section 23A, Crimes (Aviation) Act 1991 (Cth)): Up to 10 years imprisonment.

Penalties for Endangering the Safety of an Aircraft in NSW

The penalties for endangering aircraft safety are stringent, reflecting the potential risks to lives and aviation operations. Under section 21 of the Crimes (Aviation) Act 1991 (Cth), the penalties include:

  • Maximum Penalty: Up to 10 years imprisonment for endangering safety, or 20 years if the act causes death or serious harm under related provisions in the Criminal Code Act 1995 (Cth) (section 271).
  • Fines: Up to $275,000 for individuals or $1.375 million for corporations under federal sentencing guidelines.
  • NSW-Specific Penalties (section 209, Crimes Act 1900 (NSW)): Up to 7 years imprisonment for false information prejudicing safety.
  • Federal Court or District Court: As an indictable offence, the full penalty applies, often with a non-parole period for custodial sentences.
  • Local Court: For less severe cases (e.g., minor threats), up to 2 years imprisonment and/or a $5,500 fine.
  • Non-Conviction Outcomes: In exceptional cases (e.g., first-time offenders with minimal risk), courts may impose a section 10(1)(a) dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999, avoiding a conviction.

Additional Consequences

A conviction can lead to:

  • Criminal Record: Remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
  • Employment: A criminal record can bar aviation-related jobs (e.g., pilot, crew) or roles requiring background checks.
  • Travel Restrictions: Airlines may ban you from flying, and countries like the USA and Canada may deny entry for safety-related convictions.
  • Reputation: A conviction can damage personal and professional relationships, especially if the incident was public or media-reported.
  • Civil Liability: Victims or airlines may seek compensation for damages or disruptions through civil proceedings.
  • Aviation Bans: Under federal law, you may be prohibited from flying or working in aviation for a period.

Sentencing Considerations

Under section 21A of the Crimes (Sentencing Procedure) Act 1999, courts consider:

  • Aggravating Factors: Endangering multiple lives, premeditation, or causing serious harm.
  • Mitigating Factors: First-time offender, genuine remorse, cooperation with authorities, or lack of intent.

How a Sydney Criminal Lawyer Fights an Endangering Aircraft Safety Charge

A Sydney criminal defence lawyer employs a range of strategies to defend against an endangering aircraft safety charge, from challenging the prosecution’s evidence to negotiating outcomes. Below are the key approaches used by Nicopoulos Sabbagh Lawyers:

1. Analysing the Prosecution’s Evidence

The prosecution must prove endangerment and intent. A lawyer will scrutinise:

  • CCTV or Passenger Footage: Review footage to confirm the act’s nature or lack of endangerment.
  • Witness Statements: Cross-examine crew or passengers to expose (any potential) inconsistencies or bias.
  • Technical Evidence: Challenge classifications of items as dangerous or the act’s potential risk.
  • Police Reports: Identify procedural errors, such as failure to provide a caution (section 122, Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)).

Example: If footage shows no actual endangerment, a lawyer can argue the charge is overstated, seeking a dismissal.

2. Challenging Endangerment or Intent

A lawyer can argue:

  • The act did not pose a real risk to safety (e.g., a minor item with no harm potential).
  • No intent or recklessness (e.g., accidental possession).
  • The item was not dangerous under Civil Aviation Safety Regulations 1988 (Cth).

Example: If carrying a prohibited item unknowingly, a lawyer can argue lack of intent, supported by luggage checks or witness testimony.

3. Raising Legal Defences

Several defences can be raised:

  • Lack of Knowledge: You were unaware the act or item endangered safety.
  • Mistake of Fact: You reasonably believed the act was safe (e.g., mislabeled item).
  • Duress: You were coerced into the act under threat of harm.
  • Necessity: The act was necessary to avoid greater harm (e.g., carrying a medical device).
  • Mental Health or Cognitive Impairment: If a mental health condition contributed, a lawyer may seek a diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  • Unlawful Police Conduct: Evidence obtained through an illegal search (section 21, LEPRA) can be excluded under section 138, Evidence Act 1995.

Example: If you carried a prohibited medical device out of necessity, a lawyer can argue necessity, supported by medical records.

4. Negotiating Plea Deals

A lawyer can negotiate with NSW Police Prosecutors or the Office of the Director of Public Prosecutions (ODPP) to:

  • Reduce Charges: Downgrade to a lesser offence, such as carrying prohibited items without endangerment (section 23).
  • Amend Facts: Negotiate with the Police to Amend the police fact sheet to remove aggravating factors, like alleged intent.
  • Dismiss Related Charges: Secure withdrawal of additional charges, such as public disorder.

A guilty plea negotiated early can secure a sentencing discount of up to 25% under section 22 of the Crimes (Sentencing Procedure) Act 1999.

Example: For a minor possession without endangerment, a lawyer might negotiate a plea to a regulatory violation, securing a fine instead of imprisonment.

5. Securing Favourable Sentence Outcomes

A lawyer can advocate for any of the following outcomes on Sentence:

  • Section 10(1)(a) Dismissal: No conviction, fine, or penalty.
  • Section 10(1)(b) Conditional Release Order (CRO): No conviction, with conditions like good behaviour for up to 2 years.
  • Community Correction Order (CCO): Community service or supervision instead of imprisonment.
  • Mental Health Diversion: Treatment under section 14 for offenders with mental health issues.

Example: For a first-time offender with minimal risk, a lawyer might secure a CRO with safety training conditions.

6. Presenting Mitigating Factors

A lawyer can present mitigating factors to reduce penalties:

  • Character References: Letters from employers, family, or community members highlighting your good character.
  • Remorse: Evidence of apologies, cooperation with authorities, or restitution to the airline.
  • Rehabilitation: Completion of anger management or substance abuse programs to demonstrate reform.
  • Hardship: Proof that a conviction would impact employment or family responsibilities.

Example: For an offender under stress from a long flight, a lawyer might present evidence of counselling to support a reduced sentence.

7. Appealing a Conviction

If convicted, a lawyer can appeal to the District Court or Court of Criminal Appeal within 28 days under the Crimes (Appeal and Review) Act 2001 if:

  • The sentence is unduly harsh (e.g., excessive imprisonment).
  • New evidence supports your innocence (e.g., footage showing no endangerment).
  • Procedural errors occurred during the trial.

A lawyer can also assist with a spent conviction under the Criminal Records Act 1991 after a crime-free period (10 years for adults, 3 years for juveniles).

The Court Process for an Aircraft Offence Charge

The court process typically involves:

  1. Investigation:
    1. Police or airport security collect evidence, such as luggage scans, passenger statements, or CCTV footage.
  2. Arrest or Court Attendance Notice (CAN):
    1. Police may arrest you under section 99 of LEPRA or issue a CAN for a Local Court appearance.
  3. Bail Application:
    1. A lawyer applies for bail under the Bail Act 2013, arguing you pose no risk.
  4. Court Mention:
    1. You enter a plea (guilty or not guilty) in the Local Court. If not guilty, a hearing is scheduled.
  5. Hearing or Sentencing:
    1. If pleading not guilty, a hearing examines evidence to determine guilt.
    1. If pleading guilty or found guilty, a sentencing hearing determines penalties.
  6. Possible Outcomes:
    1. Non-conviction orders (section 10 dismissal or CRO).
    1. Conviction with fines, imprisonment, or aviation bans.
    1. Mental health diversion under section 14.
  7. Appeals:
    1. Appeal to the District Court or Court of Criminal Appeal if the outcome is unfair.

Steps to Take When Facing an Aircraft Offence Charge

To protect your rights and improve your case outcome, follow these steps:

  1. Engage a Sydney Criminal Lawyer Immediately:
    1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case and develop a defence strategy.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police or airline staff without legal advice (section 89, Evidence Act 1995).
  3. Gather Evidence:
    1. Collect luggage receipts, passenger statements, or packing lists to support your defence.
    1. Provide character references or proof of rehabilitation.
  4. Prepare for Court:
    1. Work with your lawyer to present a robust defence or negotiate a plea deal.
  5. Show Remorse:
    1. Consider apologetic gestures or completing rehabilitation programs to demonstrate reform.
  6. Appeal if Necessary:
    1. If convicted, appeal to the District Court or apply for a spent conviction.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for aircraft offences, criminal, and traffic law matters in Sydney, NSW. Our team offers:

  • Specialised Expertise: In-depth knowledge of the Crimes (Aviation) Act 1991 (Cth), Criminal Code Act 1995 (Cth), and Crimes Act 1900 (NSW).
  • Proven Results: Securing section 10 dismissals, CROs, and charge reductions across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
  • Court Navigation: Expertise in managing cases amidst disruptions, such as the Downing Centre Local Court closure until late 2025.
  • Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free consultation.

Don’t let an aircraft offence charge derail your future. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

Aircraft offences involving endangering the safety of an aircraft are serious in NSW, carrying penalties of up to 10 or 20 years imprisonment and significant life consequences. A Sydney criminal defence lawyer can defend against this charge by challenging evidence, disputing endangerment, raising defences like lack of intent or mental health diversions, and securing reduced charges or sentences. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your record, career, and freedom are safeguarded. Whether facing a charge for a hoax threat or possession of dangerous goods, our team is here to guide you through the legal process.

Take control of your case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you fight your aircraft offence charge and achieve the best possible result in NSW courts.

Why Choose Nicopoulos Sabbagh Lawyers Criminal Lawyers & Traffic Lawyers YOUR Leading Sydney Criminal Defence & Traffic Lawyers to represent you in your Traffic Law Matter?

Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters.  No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!

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It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.

*This article correctly reflects the Laws of NSW as of 3rd August 2025.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship

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