Published 12 July 2021
Sentencing — making false statement — providing false information to Civil Aviation Authority — fraudulently obtaining a medical certificate — tampering with medical records — R v Lucas [2017] NZHC 651 — Civil Aviation Act 1990, s 49. The defendant appeared for sentencing on charges of making a false statement and providing false information to the Civil Aviation Authority (the CAA). He was a helicopter pilot who had provided the false information so that he could obtain a medical certificate and continue flying. He had first failed to disclose a medical condition and the treatment he was receiving, and had then removed and altered parts of his medical records to back up his earlier false statement. The two aggravating features of the offending were a high level of dishonesty, as the defendant had deprived the CAA of information it needed and undermined the system which relied on honesty, and premeditation. The Court observed that the offending could have had catastrophic results, as the defendant's medical condition could have made it impossible for him to fly safely. The Court set start points for fine at $6000 for the providing false information offence and $4000 for the making a false statement offence. In mitigation, the defendant had pleaded guilty and had a good flying record, and these factors reduced the total fine to $6500. Judgment Date: 4 July 2019.
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