L.S.
Civil aviation legislation I couldn't agree more with you regarding the Ozz approach however not entirely as well. The words appearing under some CARs or CASRs 'An offense against regulation ... is an offense of strict liability' imply that the offense is such that it is not necessary to show a criminal intent in order to prove a breach of the regulation — much the same as the road traffic regulations. The criminal law will be applied where referred to and in case a fault element for a particular physical element such as intention, knowledge, recklessness or negligence is present. In case of an accident with casualties for sure. Otherwise penalties as per civil aviation act are applied. That's what I meant by saying many other countries apply the same principle. They include penalties section in their legislation specifically applicable to aviation.
Section 20A
Reckless operation of aircraft
(1) A person must not operate an aircraft being reckless as to whether the manner of operation could endanger the life of another person.
(2) A person must not operate an aircraft being reckless as to whether the manner of operation could endanger the person or property of another person.
[For penalty see Section 29.]
Imprisonment for 5 years. .
Simple negligence is the least culpable level of legal liability. It is usually defined as the failure to exercise "ordinary care in the circumstances." Liability does not attach to such misconduct unless the negligence is a cause of injury or damages. In the aviation industry, the violation of regulations such as the FARs, and failure to comply with good operating practices or procedures, may constitute a breach of the duty to exercise ordinary care. In this regard, airline and Part 135 charter operators are held to the "highest duty of care" because they act as common carriers when holding themselves out to the public — they carry anyone for hire. Private operators on the other hand are generally held to the standard of "ordinary care."
Criminal Liability in Aviation