Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person commits an offence against subsection 22(1); and
(b) the act constituting the offence is likely to endanger a person's life or cause serious harm to a person.
Penalty: Imprisonment for 14 years.
Note: Subsection 22(1) provides for an offence of endangering the safety of a Division 3 aircraft.
(2) There is no fault element for the physical element described in paragraph ( 1)(a) other than the fault elements (however applying), if any, for the physical elements of the offence against subsection 22(1).
(3) To avoid doubt, a person does not commit an offence against subsection 22(1) for the purposes of paragraph ( 1)(a) of this section if the person has a defence to the offence against subsection 22(1).
(4) For the purposes of paragraph ( 1)(b), an act is taken to be likely to cause serious harm to a person if it is likely to substantially contribute to serious harm to a person.
Alternative verdicts
(5) On a trial for an offence against subsection ( 1), the trier of fact may find the defendant not guilty of that offence but guilty of an offence against subsection 22(1) if:
(a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection ( 1) of this section; and
(b) the trier of fact is satisfied that the defendant is guilty of the offence against subsection 22(1); and
(c) the defendant has been accorded procedural fairness in relation to that finding of guilt.