22AEndangering safety of aircraft—acts also likely to endanger life or cause serious harm

#### 22A Endangering safety of aircraft—acts also likely to endanger life or cause serious harm (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.