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Greg McDonald
13th September 2009, 09:03 PM
From NEWS.COM.AU:

A MAN on a September 11 flight from Brisbane to the US used the aircraft's in-flight chatroom to tell his fellow passengers "I have a bomb".

Philip Kirsch, 21, yesterday pleaded guilty in the Brisbane Magistrates Court to a charge of making threats regarding aviation security after his "joke" onboard V Australia flight 007 to Los Angeles on Thursday.

Commonwealth prosecutor Sara Parga yesterday told the court that the flight captain took the threat very seriously – particularly because it was the anniversary of the airliner-based terrorist attacks on the World Trade Centre and Pentagon in 2001.

The fact that Kirsch used V Australia's in-flight touch screen system, which allows passengers to chat with each other in a web chatroom, could have created panic, Ms Parga said.

Several other people on the flight to Los Angeles were using the chatroom. Two logged off and one passenger alerted a crew member.

The captain had "grave concerns" for the passengers and crew and wanted Kirsch, who was in seat 28C, immediately removed from the aircraft.

When police boarded the plane, Kirsch, an apprentice electrician from Melbourne, admitted he had sent the text message "I have a bomb" but said it was intended as a joke.

For the next 91 minutes the flight was grounded for a thorough search of the plane and Kirsch's luggage. The delay cost V Australia $21,143.

Ms Parga told the court that the airline had now put Kirsch, who pleaded guilty to making threats regarding aviation security, on a banned passenger list for life.

Kirsch, who was kept in custody overnight on Friday, had been flying to Los Angeles to meet his girlfriend and then for a three-month South American holiday.

A defence solicitor told the court Kirsch's joke was misplaced and foolish and he felt terrible and remorseful.

Magistrate Alan Taylor said Kirsch's behavior was "ill-considered, childish in the extreme and was no doubt motivated by factors other than common sense".

"I suspect you now understand plainly the gravity of the offence," Mr Taylor said.

He said there could have been up to 100 people on the aircraft. However, he said Kirsch had not followed it up with any physical threats.

"That it was committed by a youngish person, in no doubt exuberant circumstances, diminishes the overall seriousness of the offence," he said.

He took into account Kirsch's plea of guilty, age and lack of previous convictions and placed him on a two-year good behavior bond, with no conviction recorded.

Mr Taylor ordered Kirsch to pay $1500 restitution to V Australia within nine months.

For those legally inclined out there: Is it possible for a magistrate to assign a penalty equal to the costs of the crime or is this not allowed?
While we have namby pamby rulings like this I believe we will continue to see morons like this who think this is funny and knowing full well that the penalty won't bother them too much.:mad:

Ryan Hothersall
13th September 2009, 09:29 PM
What a ****er.

Most people who remember to pack their brain when they travel know it is a stupid idea to make jokes about bombs etc.

Andrew P
13th September 2009, 10:33 PM
did the plane actually take off and then return????

only 100 people on the plane?? not good for VA

Michael Mak
13th September 2009, 10:55 PM
I'd imagine the fuel would cost more than $21,143.

Adrian B
14th September 2009, 09:35 AM
I would be making that deekhead pay the full $21k

NickN
14th September 2009, 10:34 AM
There are big disclaimers on DJ itinerary paperwork who go into detail about making jokes about aviation security and that they take them all seriously and that if you do make a joke and it results in delays or disruptions to flights DJ will seek damages for any losses as a result.

Erik H. Bakke
14th September 2009, 02:11 PM
Even if the criminal case did not result in the guy having to pay for damages, a civil case could certainly be brought about to this effect.

Craig Sandford
14th September 2009, 02:21 PM
Is it possible for a magistrate to assign a penalty equal to the costs of the crime or is this not allowed?

Not sure on criminal law in Queensland, but V Australia could easily start civil proceedings to recover their costs. On the balance of probabilities they would have a good chance of winning.

However, it may not be worth their while. You would have to make an assessment of the defendent's capacity to pay. If he didn't have the immediate capacity, then you start looking at garnishee orders (difficult if he becomes a self-employed electrician), through to bankruptcy.

I suspect it would be a case of throwing good money after bad.

Sarah C
14th September 2009, 02:49 PM
I am sure it would have cost V most than $21K that was quoted. That fool should have to pay the cost, not that $1500 that was quoted. Airlines can't afford a bill of that size, and at the end of the day, the airline and its passengers suffer because of one idiot.

Michael Cleary
14th September 2009, 08:14 PM
Lets hope he didn't get a refund on the Fare he had paid.

Robert Zweck
15th September 2009, 09:23 AM
Leaves one breathless, deserves a couple of years in jail to show others this nonsense is not acceptable to civil human beings.

Greg W.
16th September 2009, 10:08 PM
The punter surprisingly received one of the lowest penalties under Commonwealth sentencing law. So much for deterrent sentences.

If the Magistrate wanted, there is no ceiling on the amount of restitution ordered. Under Cth sentencing law, if a fine is imposed, a conviction must automatically be recorded. If discharged on a bond under s19B of the Crimes Act, no conviction is recorded (as was the case here). It seems the $1500 restitution is a quasi fine so a conviction would not have to be recorded. Still, IMO, barley a wrap on the knuckles for this type of offence.

D Chan
19th September 2009, 06:03 PM
be it V Australia, or Virgin Blue, or Qantas, or Jetstar, or any other international airline - any airline in such a situation would have lost a lot of money because of one person's stupidity. Airlines should have the full right to recover the full costs

Greg McDonald
8th October 2009, 11:04 AM
From NEWS.COM.AU:

A PASSENGER whose allegedly drunken behaviour forced a pilot to turn the plane around may be hit with a hefty bill.
James McLaughlan, 28, caused such panic onboard a flight from Glasgow to Turkey that the crew felt he endangered the aircraft and all onboard, a court has heard.

He is now facing a possible £40,000 ($71,500) bill from the travel operator over the incident, the Scotsman reports.

Mr McLaughlan allegedly told a woman sitting next to him on the flight that the plane "was going to crash" and "everyone was going to die".

A flight attendant became concerned when she saw Mr McLaughlan drinking wine and having a heated discussion with another passenger.

He had to be dragged off the plane by police after falling unconscious.

Mr McLaughlan’s lawyer said he consumed alcohol before boarding the plane due to his fear of flying.

He has already been fined £3,150 ($5,641) by the court but could face an extra bill from the liquidator of XL Leisure Group, which may take him to court over airport charges and hotel room fees incurred as a result of the subsequent delays.