Dafydd Llewellyn Posted August 25, 2014 Posted August 25, 2014 I was pointing out that if you do something of that sort IN AUSTRALIA, it's a criminal offence. I thought that would not need to be stated . . . If there's a criminal trial and a conviction, and the culprit is thereby bankrupted, where does the civil case go?
turboplanner Posted August 25, 2014 Posted August 25, 2014 If there's a criminal trial and a conviction, and the culprit is thereby bankrupted, where does the civil case go? If you want answers to these hypotheticals, and there are thousands of them, I gave you some companies to call in post#12
kaz3g Posted August 25, 2014 Posted August 25, 2014 I was pointing out that if you do something of that sort IN AUSTRALIA, it's a criminal offence. I thought that would not need to be stated . . .If there's a criminal trial and a conviction, and the culprit is thereby bankrupted, where does the civil case go? It is a criminal offence and the end result is a conviction with a fine or gaol or both. For a criminal conviction the prosecution must prove its case beyond reasonable doubt. This outcome is not directly connected to bankruptcy although gaol tends to reduce the income opportunities somewhat. Bankruptcy follows an application in the civil courts when an unhappy creditor (one whose credit advanced has not been restored) seeks a declaration. If granted this stops the debtor from running a business or owning more than minimal property or earning more than a small income without being required to make contributions to the creditor. One Mr Bond knew all about that. Up until bankruptcy, the debtors liquid and fixed assets can be seized and sold by the sheriff to repay the debt once proven on the balance of probabilities. Kaz
Guest Howard Hughes Posted August 25, 2014 Posted August 25, 2014 Perhaps that was the problem here... http://www.news.com.au/travel/travel-updates/light-plane-makes-emergency-landing-in-oberon-after-82yearold-passenger-assaults-pilot/story-fnizu68q-1227036419256
Dafydd Llewellyn Posted August 25, 2014 Posted August 25, 2014 Thanks, Kaz; I was aware of those aspects. I was asking a rhetorical question, i.e. what is the practical liklihood of a plaintiff recovering damages from a pilot who has been convicted of an offence under S20A of the Civil Aviation Act. Or one who has successfully defended a charge under that Section. I've been involved (as an expert witness) in such a schemozzle; the defendant successfully defended the criminal case, and as he was a pensioner, the civil case went nowhere. Obviously, somebody who is worth sueing would be a target; but the cost of defending the criminal case may well bankrupt the defendent.
dodo Posted September 2, 2014 Posted September 2, 2014 So if there are true dual controls, and legislation limiting who can occupy those seats, is it mandatory to fly from the left seat? Can a pilot choose to use the right seat in a fully dual-control aircraft?
Guest ozzie Posted September 2, 2014 Posted September 2, 2014 POH will rule this maybe. Cresco is one aircraft flown from the right hand seat.
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