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Drunk pax fined $21,000

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Drunk pax fined $21,000

Old 29th Jan 2019, 22:19
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Drunk pax fined $21,000

https://www.cbc.ca/news/canada/calga...tion-1.4997350

Drunk WestJet passenger who caused plane to reroute ordered to pay $21,000 for the fuel

David Stephen Young, 44, pleaded guilty to resisting arrest, failing to comply with safety instructions


Meghan Grant CBC News Posted: Jan 29, 2019 11:28 AM MT | Last Updated: an hour ago

The man whose drunken behaviour caused a WestJet plane to turn around has been fined the cost of the wasted fuel, more than $21,000. (Darryl Dyck/The Canadian Press)

The U.K. man whose "absolutely disgusting" drunken behaviour caused a WestJet flight to turn around and land back in Calgary must pay the airline $21,260.68 the cost of the wasted fuel.

David Stephen Young, 44, pleaded guilty last week to charges under the Aeronautics Act and Criminal Code of failing to comply with safety instructions and resisting arrest.

"One has to feel some sympathy for the accused but as in all criminal legislation, it is trite to say that the voice of the victim must also be heard," said provincial court Judge Brian Stevenson in delivering his sentencing decision.

The victims, Stevenson noted, include the flight crew, passengers, WestJet and its shareholders as well as the police and CBSA officers, who were also at the receiving end of Young's tirade.

Young is an alcoholic but had been sober for 18 months until Jan. 4, when he consumed about six drinks while waiting to board his flight. The U.K. resident had been visiting his mother in B.C. over the holidays and was depressed because of a death in the family and a failed marriage, according to the facts of the case presented in court last week.

Once Young boarded a flight in Calgary bound for London, he became belligerent with flight crewand a fellow passenger, and repeatedly tried to get up during take-off to use the washroom.

About an hour into Young's abusive behaviour, the decision was made to turn the plane around.

The pilot had to burn off and then dump 20,000 pounds of fuel in order to land safely, according to the facts of the case, read aloud in court last week by prosecutor Lori Ibrus.

Ibrus had requested a $65,000 restitution order but Stevenson said he didn't want the court-ordered payment to bankrupt Young.

WestJet's total losses which include the cost of the fuel and compensation for its passengers could be more than $200,000.

Week behind bars

In a written statement read by his lawyer last week, Young apologized for his behaviour and for the "damage and inconvenience" he caused to his fellow travellers.

Defence lawyer Michelle Parhar had sought a $5,000 to $8,000 restitution order for her client.

Young also spent one week at the Calgary Remand Centre before he was released on bail.

It will be very difficult for Young to ever enter Canada again, said Parhar.

Once Young returns to the U.K., "he's essentially barred from entering Canada, barred from seeing his mother in B.C.," said Parhar.

Stevenson noted WestJet could make a civil claim against Young if it wanted to try to recover more of its losses.

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Old 29th Jan 2019, 22:32
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Well, there ya go: excuse the behavior because the legal remedy might place hardship on the perp.

"One has to feel some sympathy for the accused..."

Getting a court judgement for damages is a far cry from actually collecting them. I'd be surprised if the airline had the guts to chase this guy for the money. Bad PR and all that.

Every decision an airline makes is about money: what is the cost of pursuing the guy through the legal process to get the $21K vs just dropping the whole thing and expressing sympathy for the perp ?

"Stevenson noted WestJet could make a civil claim against Young if it wanted to try to recover more of its losses. "

I had the unfortunate opportunity to be a part of two lawsuits involving pax incidents. If it costs more to fight than just drop the whole thing, they drop the whole thing.

Pretty funny and predictable. Any moral outrage by the airline worker bees is merely naive.
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Old 30th Jan 2019, 09:28
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He's got a criminal conviction. He'll never be able to enter the United States now because US authorities don't let people in with Canadian criminal records.
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Old 30th Jan 2019, 11:25
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Originally Posted by rotornut View Post
He's got a criminal conviction. He'll never be able to enter the United States now because US authorities don't let people in with Canadian criminal records.
Not sure that is correct - I think a conviction means you can't get an ESTA but have to actually go to the Embassy or a Consulate for an interview and they may or may not give you a visa.

Certainly something to avoid tho'..........
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Old 31st Jan 2019, 20:44
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Assault resisting arrest is considered a "crime involving moral turpitude", CIMT by the US. He will be denied entry until a substantial time has passed from the date of the conviction when he can apply for a waiver at the US embassy or consulate.
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Old 31st Jan 2019, 21:36
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Originally Posted by rotornut View Post
Assault resisting arrest is considered a "crime involving moral turpitude", CIMT by the US. He will be denied entry until a substantial time has passed from the date of the conviction when he can apply for a waiver at the US embassy or consulate.
Not entirely true. According to a USCIS brief, resisting arrest may involve moral turpitude if accompanied by assault or any type of violence:

Resisting a law enforcement officer, akin to resisting arrest, has been examined by the Board, which determined that such a crime may constitute a CIMT if the statute in question involves knowledge that someone is a law enforcement officer and the officer suffers a bodily injury or assault.
Since no assault charges were brought (I'm sure they would have done so if his behavior was bad enough), I suspect that in this particular case, the subject may still be eligible for a visa after examination of the details.

Which, for the record, doesn't mean I think the man should ever be allowed on a flight again. If he wants to visit the U.S. or Canada, let him swim.

Source: https://www.uscis.gov/sites/default/...15_01H2212.pdf
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Old 1st Feb 2019, 21:44
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According to CTV he was charged with assaulting a police officer so I assume he plead guilty to assault resisting arrest: https://www.ctvnews.ca/canada/westje...ance-1.4274081
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Old 1st Feb 2019, 22:02
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Looks like the famous Isleworth Crown Court is more sympathetic to the inebriate passenger's angst:

Law firm worker, 43, who got so drunk on a transatlantic United Airlines flight that the pilot was forced to turn around over Ireland and return to Heathrow is spared jail

Michelle Vanburskirk, 43, was drinking before she boarded her flight to the US
The computer forensic manager has a fear of flying due to an earlier incident
The court heard she was drinking as a 'coping mechanism' to deal with her fear
She was ordered to complete 100 hours of unpaid work instead of a jail term

By Darren Boyle for MailOnline

Published: 13:01 EST, 1 February 2019 | Updated: 14:11 EST, 1 February 2019

An American working at a top US law firm in London was spared jail after getting so drunk on a transatlantic flight the pilot was forced to return to Heathrow.


Michelle Vanbuskirk, 43, started drinking before she even boarded the Washington DC bound flight and then swigged from a gin bottle and repeatedly banged on the TV screen in the back of the seat in front.

One United Airlines passenger asked 'incoherent and slurring' Vanbuskirk to stop, saying she suffered from anxiety attacks and was anxious about flying but she didn't.
When the gin was confiscated by stewardess Porsha Chaplain, the computer forensic manager began swearing and screaming before cabin crew asked her to move.

She agreed to be escorted to the rear if she was allowed to inspect the seats but then began banging on the exit door before passing out.

As she came to, she kicked a nurse, Emily Menninger, who came to her assistance in the stomach and also hit Ms Chaplain in the shins before she could be restrained.

Fearing for the safety of the Boeing 787-8 Dreamliner with 209 passengers on board, the captain turned back as it passed over southern Ireland - about an hour into the journey, wasting 4,000 of fuel.

The disembarked passengers had to stay overnight in London before flying out the next day.

'Chronic' Valium user Vanbuskirk had a fear of flying after another United Airlines aircraft suffered a double engine blow out and went int free fall 13 years before the incident on Sunday September 23 last year.

She pleaded guilty to being drunk on board an aircraft and assaulting Ms Chaplain when she appeared at Isleworth Crown Court last November.

She denied assaulting Ms Menninger, and causing another alarm or distress, which was accepted by the prosecution.

On top of being ordered to pay 3,000 compensation to Ms Chaplain, 1,000 to Ms Menninger and 1,500 costs, Ms Chaplain could face a higher bill if the airliner sues her.

Prosecutor Thea Viney today told the court: 'I have also been informed that United Airlines is considering going forward with a civil suit for costs.'

Outlining the case she said: 'There was slight delay to the flight.

'Passengers sitting next to Ms Vanbuskirk noticed that she appeared to be in a state of anxiety, she was banging the seat in front of her and eating food very fast.

'She was drinking from a bottle she had brought onto the plane.

'She appeared to be heavily under the influence of alcohol, her speech was slurred and she was incoherent.

'After the plane took off concerns were raised and when Ms Chaplain was doing the inflight service she took the bottle of gin away.

'Ms Vanbuskirk then became aggressive and abusive to passengers and cabin crew.

'She was swearing and shouting in their faces, accusing passengers of having reported her.

'Ms Chaplain relocated the passengers from around where she was sitting.

'She brought her to the galley so she could try to calm her down.'

Ms Viney added: 'She continued swearing and shouting at those around her.

'She was unsteady on her feet by this stage and was asked to sit down in the jump seat.

'But she started banging on the exit door while swearing and behaving erratically.

'She then passed out and was caught by Ms Chaplain.

'Cabin crew then called for medical assistance and Emily Menninger, a nurse, came to help.

'She asked Ms Vanbuskirk if she had taken anything else, to which she said she had just had alcohol.

'She was swearing at the nurse and as she was flailing she kicked her in the stomach.

'She also hit Ms Chaplain in the shin.

'The pilot was informed and the decision was made to turn the flight around and go back to Heathrow, at the cost of 4,000 in fuel.

Defending, Mark Kimsey argued his client faced losing her job and being deported if imprisoned and she had a diagnosed panic disorder and a phobia of planes because of the previous incident.

Mr Kimsey said: 'It was never her intention to be drunk on that flight, it was never her intention to have the plane turn around.

'She is extremely ashamed of what happened, remorseful and fully aware of the inconvenience caused to cabin crew and passengers.

'She has a phobia of flying.

'She was very anxious she thought if she drank it would relax her. It was a coping mechanism.

'She takes medication for her anxiety and she had forgotten it at home.'

He said she had 'glowing' character references from work colleagues.

Mr Kimsey said: 'In 2005, she was a passenger on a flight when there was a huge explosion.

'They initially thought it may have been a terrorist attack.

'It turned out to be a double engine blowout and the plane went into free fall and had an emergency landing.

'It was also a United Airlines flight. She has tried to get another flight but couldn't.'

'You have a prestigious job... if you are put into prison you will lose your job, be deported and banned from the UK.

'The behaviour is totally out of character for you.

'No one should think that this is a usual sentence for being drunk on a plane, which has the potential to be very dangerous, but I have taken the exceptional decision to suspend your sentence.'

Vanbuskirk, of Camden, north London, was sentenced to six months for being drunk on an aircraft suspended for 12 months, and four months for assaulting Ms Chaplain also suspended, both to run concurrent.

She was also ordered to do 100 hours unpaid work and she wept outside court in the arms of her partner and thanked her lawyer profusely.


https://www.dailymail.co.uk/news/art...oids-jail.html
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Old 1st Feb 2019, 22:44
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Originally Posted by Airbubba View Post
Looks like the famous Isleworth Crown Court is more sympathetic to the inebriate passenger's angst:

"Law firm worker, 43, who got so drunk on a transatlantic United Airlines flight that the pilot was forced to turn around over Ireland and return to Heathrow is spared jail"




https://www.dailymail.co.uk/news/art...oids-jail.html
Yep...the perps get off no foul. It's all about protecting the perp since the airlines are just bags of money and won't miss the cost of the diversion. Inconvenience to all the other pax ? Who cares...

Last edited by bafanguy; 1st Feb 2019 at 23:30.
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Old 1st Feb 2019, 23:22
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I was on an Air India flight from Heathrow to Bombay. A passenger in the next seat had a small bottle of Johnnie Walker which he finished on the flight. The worst thing he did was sing an unintelligible song. When told to stop he silently mouthed it. When we arrived in Sahar he sure looked the worse for wear.
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Old 9th Feb 2019, 03:52
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Originally Posted by bafanguy View Post
Yep...the perps get off no foul. It's all about protecting the perp since the airlines are just bags of money and won't miss the cost of the diversion. Inconvenience to all the other pax ? Who cares...
Conversely:

The purpose of punishment is to deter: people will think twice about misbehaving if there is a severe consequence. They make a rational choice and avoid the consequence.

Insane people, pretty much by definition, don't think rationally about the consequences of their actions, and so the threat of punishment is not a deterrent.

From this it follows that imposing severe, draconian punishment on insane people doesn't really accomplish much, in that it doesn't really deter other insane people from misbehaving.
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Old 9th Feb 2019, 04:32
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The pilot had to burn off and then dump 20,000 pounds of fuel in order to land safely, according to the facts of the case
I've only just ready the article above, so excuse my late question but, having only flown the 3,4 & 500 series 737s I'm curious to know if the later models (700, 800 etc) have a fuel dumping facility.
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