Application for discharge without conviction — Sentencing Act 2002, ss 8, 11 & 106 — Civil Aviation Act 1990, s 44 — CAA — plane crash —frost on wings. The defendant applied for a discharge without conviction following his guilty plea to the charge of operating an aircraft in a manner which caused unnecessary danger to his passengers, under s 44 of the Civil Aviation Act. Prior to take off, a pilot must be satisfied that an aircraft is in a condition for a safe flight. In pleading guilty, the defendant accepted the summary of facts that found there was ice on his aircraft and that this was a factor in causing his plane to crash on the grass at the side of the runway. One passenger was partially ejected from the plane and suffered a cut to the head and a sprained ankle. The other passengers suffered bruising, whiplash, and a neck and ankle sprain. The Judge considered the three steps in determining a s 106 application, namely: the gravity of the offence; the direct and indirect consequences of conviction; and the question of whether or not the consequences are out of all proportion to the gravity of the offence. The Judge found that the offending was moderately serious, given the level of responsibility entrusted to pilots, and that while the consequences of the conviction would considerably impact his career, that would be true regardless of whether there was a discharge without conviction or not. Finally, the Judge assessed the proportionality of the consequences of conviction and the gravity of the offence and ultimately declined the application. The matter was set down for sentencing. Judgment Date: 3 April 2019.