Duck:
If it's a strict liability offence he won't receive a criminal conviction, end of story. Are the offences strict liability?
Strictly liability offences are there so you are able to get booked, pay the fine and move on. Exactly what happens if you get booked for speeding, or driving a car with bald tyres.
I don't think the application of strict liability is really explained that well by CASA.
Ramrod:
You obviously comprehensively missed my point in my previous post, which is what does any travel restrictions to the USA have in the relevance to this thread??
You both fail to comprehend the simple facts that have been patiently explained to you. This saddens me because it conclusively demonstrates your complete vulnerability to CASA because of your ignorance.
1. The transgression of any aviation regulation is a criminal act. That means that if CASA decides to prosecute you and succeeds in gaining a conviction then you are a felon, just like any convicted burglar, bank robber or murderer.
2. CASAs job of prosecuting you is made considerably easier by the fact that almost all offences are offences of strict liability. As Square Bear explained, that CASA doesn't have to prove you
meant to commit the offence, just that you
did. The proof of "guilty mind" (mens Rea in Latin) is unnecessary.
In fact, an accused murderer caught over the body of the victim with a smoking gun in his hand has an easier time of it then our Thruster pilot.
The accused murderer when on trial can argue self defence (like Mick Gatto successfully did).
They can argue provocation.
They can argue they didn't know the gun was loaded.
They can argue they just wanted to scare the victim.
They can argue the victim asked him to shoot him.
Pilots have no such defences - strict liability - we prove you did it, you are automatically convicted.
3. Travel restrictions? They are the least of your worries. Once you are labelled a felon, you cannot stand for parliament. Many jobs are permanently closed to you. You certainly won't be working in aviation or aviating either because by definition a convicted felon is not a fit and proper person to hold a licence.
You should also note that it matters not if the judge is sympathetic and fines you one dollar a conviction is still a conviction. a finding of guilt without conviction is equally bad.
A strait "not guilty" is your only hope, but that is hard to obtain because of point number 2.