Obtaining an air passenger ticket with false information using a carriage service is an offence under section 376.3 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 12 months in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You used identification information
- You did so with a carriage service
- Your conduct resulted in a passenger ticket being obtained for a flight whether for you or another person
- Your information was false in relation to the person who took, or intended to take, the flight
- You were reckless as to whether the information would be used to identify the passenger or intended passenger on a flight, and
- The flight started or ended in Australia
‘Identification information’ is that which relates to a person, whether dead or alive, real or fictitious, that is capable of being used to identify the person, whether by itself or in conjunction with other information.
It includes:
- A name, address, date or place of birth, marital status, relative’s identity
- A driver licence or driver licence number
- A passport or passport number
- A voice print or biometric data
- A credit or debit card, its number or data stored or encrypted on it
- A financial account number, user name or password
- A digital signature
- Any series of numbers and/or letters intended for use as personal information, and
- An ABN
Identification information is false if it is false in a material particular, that affects the capacity of the information to be used, whether by itself or with other information or documents to identify a person.
A ‘carriage service’ is:
‘a service for carrying communications by means of guided and/or unguided electromagnetic energy’, which includes telephone calls, text messages and internet transmissions, such as emails and the use of social media pages.
An ‘air passenger ticket for a flight’ is:
‘a ticket, or electronic record, on the basis of which a person is treated as being entitled to travel as a passenger on the flight, or a journey that includes a flight’.
You were ‘reckless’ if you aware there was a substantial risk, that the identification information would be used to identify the passenger, and it was unjustifiable to take that risk in the circumstances, but you went ahead with your actions regardless.
Duress and necessity are defences to the charge.
Using false identification information by way of a carriage service to obtain an air passenger ticket and take flight is an offence under section 376.3(2) of the Criminal Code Act 1995 (Cth).
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You took flight using an air passenger ticket
- Identification information was used, whether by you or another, to obtain the ticket
- The information was used to identify you as a passenger on a flight
- The information was false in relation to you
- A carriage service was used, whether by you or another, to obtain the ticket, and
- The fight started or ended in Australia.
‘Identification information’ is that which relates to a person, whether dead or alive, real or fictitious, that is capable of being used to identify the person, whether by itself or in conjunction with other information.
It includes:
- A name, address, date or place of birth, marital status, relative’s identity
- A driver licence or driver licence number
- A passport or passport number
- A voice print or biometric data
- A credit or debit card, its number or data stored or encrypted on it
- A financial account number, user name or password
- A digital signature
- Any series of numbers and/or letters intended for use as personal information, and
- An ABN.
Identification information is false if it is false in a material particular that affects the capacity of the information to be used, whether by itself or with other information or documents to identify a person.
A ‘carriage service’ is:
‘a service for carrying communications by means of guided and/or unguided electromagnetic energy’, which includes telephone calls, text messages and internet transmissions, such as emails and the use of social media pages.
An ‘air passenger ticket for a flight’ is:
‘a ticket, or electronic record, on the basis of which a person is treated as being entitled to travel as a passenger on the flight, or a journey that includes a flight’.
If the prosecution proves that an air passenger ticket was obtained, the ticket is taken to have been obtained by way of a carriage service unless you are able to establish, on the balance of probabilities, that you did not obtain it in that way.
Duress and necessity are defences to the charge.
If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Obtaining an Air Passenger Ticket with False Information using a Carriage Service matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.
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Proven Track Record of Exceptional Results
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Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.
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Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
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We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.
We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
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We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.
The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.
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Fixed Fees
We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.
We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.
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For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.
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From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.
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Accredited Specialists
Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.
An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.
Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.
Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.
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Results-Focused Law Firm
Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.
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Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.
No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.
The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.
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Team of Lawyers Behind You
Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.
Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.
A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.
In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.
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Familiar with Magistrates and Judges
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