PPRuNe Forums - View Single Post - Basic Aeronautical Knowledge: Altimetry and margins of error
Old 19th Apr 2022, 06:40
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john_tullamarine
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I would have thought that it should not have got to court in the first place.

Unless there is more to the story than what is disclosed, one might think so.


operating contrary to the aircraft's AFM - in excess of VNE - on the basis of groundspeed recorded on the ground and forecast winds.

That would have to be an interesting argument for it to prevail, methinks. Again, one starts with an appropriately knowledgeable solicitor.

but have chosen not to explain that in detail to the CDPP.

Were that the case, it would be foolish in the extreme as the defence would shoot it full of holes ?


strict liability

Defences are still available. 6.1 Strict liability | Attorney-General's Department (ag.gov.au)

The rule just makes it harder to defend the accusation and easier for the prosecution to prevail in court. Again, a requirement for an appropriately experienced solicitor.

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