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Civil Aviation Authority v Brown [2018] NZDC 17775

Published 10 April 2019

Sentencing — expired pilot's licence — Class 1 medical licence — Civil Aviation Act 1990, s 46. The defendant appeared for sentencing having pleaded guilty to an offence under s 46(1)(a) of the Civil Aviation Act 1990; that he exercised the privileges of a commercial pilot's licence when he did not hold the appropriate Class 1 medical certificate. The defendant had previously held both a Class 1 and Class 2 medical certificate, but both had expired. Following their expiry, the defendant made another 74 commercial flights, in contravention of the Act. In determining the starting point for the fine, the Judge weighed the aggravating and mitigating factors identified by the parties, and reached a starting point of $4,000. The Judge then granted discounts for an early guilty plea, co-operation and the defendant's prior good character, bringing the end fine to $1,875 and Court costs of $130. Judgment Date: 22 August 2018.