Civil Aviation Safety Authority v Pudniks [2022] NSWLC 26

Civil Aviation Safety Authority v Pudniks [2022] NSWLC 26

A paraglider, once inflated and used with the pilot, wing and harness, is a craft capable of deriving support in the atmosphere from reactions of the air because its wing generates lift through pressure differentials as it moves through the air. The CASR Dictionary and reg 61.090 supplied the applicable meaning of flight time for s 20AB, and that meaning applied to the defendant's operation of the paraglider as pilot-in-command. Because the defendant knowingly lacked the required authorisation and was not within an exemption, each offence against s 20AB(1) was proved beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
15 December 2022
Procedural Posture
Criminal Prosecution for Alleged Offences Against S 20 Ab(1) of the Civil Aviation Act 1988 (cth) / Principal Judgment After Hearing
Outcome
Offences proved; defendant found guilty of each offence.
Legal Topics
['paragliders' 'aircraft Definition' 'civil Aviation Authorisation' 'flight Time' 'pilot in Command' 'statutory Interpretation']
['criminal Law' 'aviation Law'] ['paragliders' 'aircraft Definition' 'civil Aviation Authorisation' 'flight Time' 'pilot in Command' 'statutory Interpretation']

Case Brief

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Procedural Posture

Criminal Prosecution for Alleged Offences Against S 20 Ab(1) of the Civil Aviation Act 1988 (cth) / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether a paraglider is an aircraft for the purposes of s 20AB of the Civil Aviation Act 1988 (Cth).' 'Whether the defendant performed duties essential to the operation of an Australian aircraft during flight time when operating the paraglider as pilot-in-command without a civil aviation authorisation.']

Ratio Decidendi

A paraglider, once inflated and used with the pilot, wing and harness, is a craft capable of deriving support in the atmosphere from reactions of the air because its wing generates lift through pressure differentials as it moves through the air. The CASR Dictionary and reg 61.090 supplied the applicable meaning of flight time for s 20AB, and that meaning applied to the defendant's operation of the paraglider as pilot-in-command. Because the defendant knowingly lacked the required authorisation and was not within an exemption, each offence against s 20AB(1) was proved beyond reasonable doubt.

Court Disposition

Offences proved; defendant found guilty of each offence.

Orders

  • ['Offences proved']