Originally Posted by
Squawk7700
Touché!
I'm sure many don't realise this....
For the offence of low flying, you only need to have been caught low flying... that's 1 point of proof. For "theft," there are a number of proof points, including your Actus Reus and Mens Rea, not to mention your intention to permanently deprive.
It's far more simple to pin someone for an aviation offence due to strict liability. It's a thread and a half of discussion on its own.
"low" and "flying" are at least two points of proof and implicitly suggest several more.
Kaz