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Old 16th Mar 2007, 03:12
  #14 (permalink)  
Keg

Nunc est bibendum
 
Join Date: Apr 1999
Location: Sydney, Australia
Posts: 5,583
Received 11 Likes on 2 Posts
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Point of order Your Worship.

Whilst the bloke is indeed a dolt, there are a couple of significant issues here:

A person must not do anything capable of prejudicing the safe operation of a Division 3 aircraft with the intention of prejudicing the safe operation of the aircraft.
My bolding. Note that the Commonwealth needs to prove his intent to prejudice the safe operation of the aircraft. Hard to prove when he's using a ruddy great searchlight that actually is suitable to identify the aircraft at night.

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:
(a)
an interference with the member's performance of functions or duties connected with the operation of the aircraft; or
(b)
a lessening of the member's ability to perform those functions or duties.
My bolding again. He certainly wasn't on board and so he ain't going to be charged with that second one.

This is not to say that there aren't other things he can be charged with. Shame he can't be charged with 'stupidity'.
Keg is offline