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-   -   Lazer pen cretins arrested in Teesside (https://www.pprune.org/private-flying/403472-lazer-pen-cretins-arrested-teesside.html)

Cusco 27th Jan 2010 14:25

There's a world of difference between the red pen pointers (usually given away free by reps) that some juveniles shine at ladies' t*ts and the green variety used by yobs to target aircraft.

Google Green Laser and you'll soon see the degree of power that some of these lasers have.

I'm pleased that the ANO has been modified to take in lasers as Article 73 (reckless endangerment) was a bit too non-specific.

As for punishment: certainly name and shame regardless of age and also a custodial sentence ,(with apologies to Voltaire), 'pour encourager les autres'

Cusco

Ryan5252 27th Jan 2010 15:23

There is a reason why they are pointing these lasers at aircraft - because they fully understand the potential damage they can cause. Lock them up for 12 months and when they get out make sure they go on a no-fly list for at least 10 years.

By the way why is laser spelt with an @ sign? :confused:

Saab Dastard 27th Jan 2010 15:52


By the way why is laser spelt with an @ sign?
This is a global system substitution to prevent google popping up lazer ads in the "context-sensitive" ads that adorn (and pay for) PPRuNe.

SD

Legalapproach 27th Jan 2010 17:14

Cusco, I'm surprised when you say that you are glad that the ANO has been modified to take in l@sers and then say the punishment should be a custodial sentence.

The new offence considerably waters down the offence by making it summary only (not triable in the Crown Court) and the maximum sentence is a fine (£2,500) - the offence is not imprisonable. Please see the thread running in Rumours and News.

Sorry to dissapoint everyone but a 14 year old is not going to be sent to custody for this type of offence and further, if charged under the new ANO offence no one is going to get a custodial sentence unless they are fined and refuse to pay it.

Oh and as for Bankers - I'm all for them as they are making lawyers look popular:E

Cusco 27th Jan 2010 18:02

OK, I bow to your obvious knowledge.

Maybe with no custodial sentence in the frame and no tying up the Crown Courts but a juicy big fine instead,more of these scrotes will be prosecuted and convicted.

Lifting of reporting restrictions and naming and shaming in the local rag IMHO would also be a good idea.

Unless such naming becomes some kind of 'badge of honour' as became the ASBO in certain areas.

Cusco

N707ZS 28th Jan 2010 17:45

Anyone know what the sentance would be in the USA for a similar crime?

We in the UK are getting more and more soft with scotes!!

Bronx 28th Jan 2010 18:32


Anyone know what the sentance would be in the USA for a similar crime?
Google is your friend.

USA Sep 2009

Baltazar Valladares of Roseville Ca., sentenced to 37 months in Federal prison for targeting both a South West Airline flight coming into Sacramento International Airport, and a short time later hitting the Sacramento Sheriff's Helicopter with the same laser.
USA Jan 2010

Shining laser at sheriff's helicopter gets Rocklin man 4-year sentence.
Placer County District Attorney's Office spokesman said Jamie Allen Downie, 35, pleaded guilty to two felony charges of discharging a laser at an aircraft. The incidents took place July 16, 2009.
USA Jan 2010

A San Jose man was arrested Tuesday night on suspicion of shining a green laser light at a Santa Clara County sheriff's helicopter. Ryen Miller, 23, was booked into the Santa Clara County Main Jail.
Under State law, Miller could be sentenced to up to three years in prison if convicted; under Federal law, he could face up to five years in prison. The Santa Clara County District Attorney's Office will determine what charges to file.
UK Jan 2010

The UK Civil Aviation Authority (CAA) initiated a new offense in response to the growing number of incidents involving laser devices being shone at airliners and helicopters near British airports.
The numbers of reported incidents of this type have increased 25 times in only two years.
In 2009 there were a total of 737 attacks with lasers on commercial airliners, air ambulances and police helicopters across the UK, a considerable increase on the 29 incidents in 2007
Maximum penalty for the new offense = a fine.
:confused:

Katamarino 29th Jan 2010 11:25

The UK values criminals votes ahead of the lives of their targets.

So what's new?

Flyingmac 29th Jan 2010 11:46

My neighbour was lasered in his car the other night from a footbridge over the by-pass. Wonder what they'd be charged with if caught?

The Heff 30th Jan 2010 17:39

Bronx, in the examples you've provided it appears that the convicted law-breakers were all grown adults who were fully aware of what they were doing, and too old to hide behide a mask of stupidity.

Perhaps community sentences in Great Britain are too soft, but certainly I don't believe that prison would benefit either the cretins or the generel public. They would be just two more convicts that our taxes are being used to feed, clothe and shelter.

I doubt a fine would be punishment enough for them, neither. Because of their young age its obvious that it'll be the parents who coff up. But forcing them to do menial labour would make them wish they hadn't been caught.

Bronx 30th Jan 2010 20:07

The Heff

As these two are 14 year olds I agree with you, especially if they haven't been in trouble before.

The problem with the UK's new laser offense is the courts don;t have power to send anyone to jail for it, whether they are 14 or 44. Not even "grown adults who were fully aware of what they were doing, and too old to hide behind a mask of stupidity."

Laser attacks are now a global flight safety problem. The number has grown rapidly over the last few years. Punishments need to be tough at a time like this, not made softer like the UK has done with this new offense.

A and C 31st Jan 2010 08:21

Expert comment please
 
Some one will have to help me with this but i am told that there is an offence in the UK called "criminal damage likely to endanger life".

This was intended for use when people drop large objects from railway bridges into the path of oncoming trains. Perhaps in the case of attacks by the green laser this would be the best charge.

Any one with a legal background like to comment?

Cusco 31st Jan 2010 09:43


Some one will have to help me with this but i am told that there is an offence in the UK called "criminal damage likely to endanger life".
This is nicely covered by article 73 (so-called 'reckless endangerment' of an a/c) of the ANO though the 2009 ANO which I have yet to see may have 'shuffled the numbers' a bit.

Cusco




Article 137 of the 2009 ANO
"A person must not recklessly or negligently act in a manner likely to endanger an aircraft, or any person in an aircraft."

Legalapproach 31st Jan 2010 11:00

Cusco is quite correct and in order to prove the Criminal Damage offence the prosecution would have to prove that damage had occurred and that the damage had been caused with the necessary intent.

There is some debate going on amongst lawyers at the moment as to what the new offence actually means as the wording states "..so as to dazzle or distract..." rather than "...such as is likely to..." or ".... such as may cause a danger of...."

It appears that the mere act of shining a light or a l@ser at an aircraft may not constitute the offence unless the pilot is actually dazzled or distracted.

Fly-by-Wife 31st Jan 2010 11:56


It appears that the mere act of shining a light or a l@ser at an aircraft may not constitute the offence unless the pilot is actually dazzled or distracted.
I imagine that any pilot becoming aware of a lazer being flashed at them would be only too willing to state that they were both dazzled and distracted!

FBW

Legalapproach 31st Jan 2010 12:08

That depends upon (1) whether they see it and (2) whether they were in fact dazzled - after all, unlike the shining light offence, perjury is an imprisonable offence

Cusco 31st Jan 2010 20:09


There is some debate going on amongst lawyers at the moment as to what the new offence actually means as the wording states "..so as to dazzle or distract..." rather than "...such as is likely to..." or ".... such as may cause a danger of...."

It appears that the mere act of shining a light or a l@ser at an aircraft may not constitute the offence unless the pilot is actually dazzled or distracted.
Which begs the question:

If a new piece of aviation legislation is introduced which is immediately the subject of uncertainty and debate amongst the very legal profession that are supposed to implement it, are not the views of legal people with aviation experience canvassed by the law-drafters to avoid just such a problem?

Cusco

Flyingmac 4th Feb 2010 07:59

Gazette Live - News - Local News - Stockton teen fined for shining light at helicopter

Legalapproach 4th Feb 2010 20:37

Cusco,

you must be joking - the last people to be consulted on such matters are lawyers that would be far too sensible.

eocvictim 4th Feb 2010 21:33

Prison time is WAY to extreme for this crime. They're kids mucking around (even the 20 year olds with the mental capacity of kids). Community service, I feel, would be a far better solution. I would put them to work on the field cleaning FOD, scaring birds etc, try to help them get an understanding of how critical the landing phase is.

I do have a question, how many of the people commenting here have had lasers (not sure what a L-at-ser is) shone at them while they're flying? How many while you're on an ILS? How many While Circling?

I've had "laser attacks" On the ILS 3 times, 3 times circling into Essendon, 4 times circling into Bankstown, twice departing Melbourne, countless idiots shine their high beams while on approach into black hole strips, been spotlighted while making approach into the same strips, Had fireworks shot at me enroute and circling to land. Not once did I have issues conducting my approach, no more irritating than a blinking OM light.

Now once you've gone through all that and still feel the same, feel free to "shoot me down". :ok:


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