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R v Jones [2019] QDC 79

sentence — 5 counts of operating Australian aircraft without a license offence contrary to s 20AB of Civil Aviation Act 1988 (Cth) and 1 count of making a false commonwealth document offence contrary to s 144.1 of Commonwealth Criminal Code — one count of providing a false or misleading information to the Civil Aviation Authority (CASA) contrary to s 135.1(7) of Commonwealth Criminal Code taken into account pursuant to s 16BA — guilty plea — s 16A(2)(g) — guilty pleas show cooperation in administration of justice and have saved the cost of a trial — antecedents age — s 16A(2)(m) — unusual feature of this case is offender held US Commercial Pilot’s Licence license and an Australian Private Pilot’s Licence — offender young at the time (22 to 24 at time of offending) with family pressures on offender concerning career — incidents of poor flying appear to have occurred some time ago and offender flown many hours since — general deterrence — deterrence is an important sentencing consideration for these charges — CASA is charged with safety of our airways and it is crucial that people be appropriately licensed when flying aircraft — there are real dangers involved with agricultural flying e.g. wirestrikes —false document charge serious as CASA has important responsibilities and it is important that persons not be deceitful to CASA — s 19B — despite offender’s otherwise good character and antecedents not appropriate case for s 19B bond in light of number of charges and hours flown when offender knew they were not authorised — objective seriousness —offences not trivial or committed under extenuating circumstances — not an isolated event offending involved a lot of flying and making a false document — offender knew they were not entitled to fly for reward without an Australian Commercial Pilot’s Licence — false document charge more serious, as some degree of planning and deception involved — sentence imposed — 6 months’ imprisonment and $2000 fine — offender released on recognizance for 2 years
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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