Published 23 May 2023
Sentencing — operating an aircraft without holding the appropriate and current private pilot licence — operating an aircraft without a medical certificate — Civil Aviation Act 1990, s 46 — Sentencing Act 2002, s 40 — DCA v Barr [2010] NZLR 138 — Hunter v Civil Aviation Authority [2014] NZHC 147 — DCA v Pullin [2020] NZDC 12392. The defendant appeared for sentence on representative charges of operating an aircraft without a licence and operating an aircraft without a medical certificate. Over the course of a month the defendant had undertaken a series of helicopter flights around the country. Four of the flights had passengers on board, and two of the flights were solo. The defendant's pilot licence had been revoked some years before, after he was convicted and imprisoned for criminal offending; his medical certificates had expired. At the time of the offending the defendant had been employed as a commercial helicopter pilot, having obtained the job on the basis of false representations that he held a current pilot licence. The Court found that the defendant had been deliberately reckless in the offending. The defendant was highly-experienced in the aviation industry, and knew that he needed to be certified to undertake flights. Also, he had offended repeatedly over the course of the month, and had endangered the safety of his passengers and the public. The start point for fine was $8000 on each charge, reduced to $6600 for each charge because of the totality principle. The amount was reduced again for the defendant's guilty pleas and his financial situation. The final fine was $4500 on each charge plus costs of $130 on each charge. The defendant's identity was suppressed to protect his fair trial rights in another matter that was before the Court. Judgment Date: 6 July 2022 * * * Note: names have been changed to comply with legal requirements. * * *
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