Unbelievable Moron

[Greg McDonald]

From NEWS.COM.AU:

A MAN on a September 11 flight from Brisbane to the US used the aircraft's in-flight chatroom to tell his fellow passengers "I have a bomb".

Philip Kirsch, 21, yesterday pleaded guilty in the Brisbane Magistrates Court to a charge of making threats regarding aviation security after his "joke" onboard V Australia flight 007 to Los Angeles on Thursday.

Commonwealth prosecutor Sara Parga yesterday told the court that the flight captain took the threat very seriously – particularly because it was the anniversary of the airliner-based terrorist attacks on the World Trade Centre and Pentagon in 2001.

The fact that Kirsch used V Australia's in-flight touch screen system, which allows passengers to chat with each other in a web chatroom, could have created panic, Ms Parga said.

Several other people on the flight to Los Angeles were using the chatroom. Two logged off and one passenger alerted a crew member.

The captain had "grave concerns" for the passengers and crew and wanted Kirsch, who was in seat 28C, immediately removed from the aircraft.

When police boarded the plane, Kirsch, an apprentice electrician from Melbourne, admitted he had sent the text message "I have a bomb" but said it was intended as a joke.

For the next 91 minutes the flight was grounded for a thorough search of the plane and Kirsch's luggage. The delay cost V Australia $21,143.

Ms Parga told the court that the airline had now put Kirsch, who pleaded guilty to making threats regarding aviation security, on a banned passenger list for life.

Kirsch, who was kept in custody overnight on Friday, had been flying to Los Angeles to meet his girlfriend and then for a three-month South American holiday.

A defence solicitor told the court Kirsch's joke was misplaced and foolish and he felt terrible and remorseful.

Magistrate Alan Taylor said Kirsch's behavior was "ill-considered, childish in the extreme and was no doubt motivated by factors other than common sense".

"I suspect you now understand plainly the gravity of the offence," Mr Taylor said.

He said there could have been up to 100 people on the aircraft. However, he said Kirsch had not followed it up with any physical threats.

"That it was committed by a youngish person, in no doubt exuberant circumstances, diminishes the overall seriousness of the offence," he said.

He took into account Kirsch's plea of guilty, age and lack of previous convictions and placed him on a two-year good behavior bond, with no conviction recorded.

Mr Taylor ordered Kirsch to pay $1500 restitution to V Australia within nine months.

For those legally inclined out there: Is it possible for a magistrate to assign a penalty equal to the costs of the crime or is this not allowed?
While we have namby pamby rulings like this I believe we will continue to see morons like this who think this is funny and knowing full well that the penalty won't bother them too much.

[Ryan Hothersall]

What a ****er.

Most people who remember to pack their brain when they travel know it is a stupid idea to make jokes about bombs etc.

[Andrew P]

did the plane actually take off and then return????

only 100 people on the plane?? not good for VA

[Michael Mak]

I'd imagine the fuel would cost more than $21,143.

[Adrian B]

I would be making that deekhead pay the full $21k

[NickN]

There are big disclaimers on DJ itinerary paperwork who go into detail about making jokes about aviation security and that they take them all seriously and that if you do make a joke and it results in delays or disruptions to flights DJ will seek damages for any losses as a result.

[Erik H. Bakke]

Even if the criminal case did not result in the guy having to pay for damages, a civil case could certainly be brought about to this effect.

[Craig Sandford]

Originally Posted by Greg McDonald

Is it possible for a magistrate to assign a penalty equal to the costs of the crime or is this not allowed?

Not sure on criminal law in Queensland, but V Australia could easily start civil proceedings to recover their costs. On the balance of probabilities they would have a good chance of winning.

However, it may not be worth their while. You would have to make an assessment of the defendent's capacity to pay. If he didn't have the immediate capacity, then you start looking at garnishee orders (difficult if he becomes a self-employed electrician), through to bankruptcy.

I suspect it would be a case of throwing good money after bad.

[Sarah C]

I am sure it would have cost V most than $21K that was quoted. That fool should have to pay the cost, not that $1500 that was quoted. Airlines can't afford a bill of that size, and at the end of the day, the airline and its passengers suffer because of one idiot.

[Michael Cleary]

Lets hope he didn't get a refund on the Fare he had paid.