AyostoLeon
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Drunk Qantas Passenger Jailed, Must Pay Costs

Wed Sep 25, 2013 2:45 am

Late last year a passenger on a Qantas flight to Japan became violent and abusive to cabin crew after being told that he could not smoke on board. The passenger was cuffed and the flight had to be diverted to Cairns, dumping fuel before landing.

On Wednesday the passenger, Justin Richard Cooke, was sentenced to nine months in prison but will be released after four months on a $3000 good behaviour bond. He was also fined $2250.

In good news for Qantas, the court also made a reparation order for the cost of the dumped fuel. Cooke now has a bill of $39,287 to pay.

Maybe he'll think twice about refusing to comply with instructions from the crew in future.

Source: http://au.news.yahoo.com/thewest/a/-...prison-for-drunk-qantas-passenger/

[Edited 2013-09-24 19:46:57]
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TruemanQLD
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Wed Sep 25, 2013 3:10 am

Quoting AyostoLeon (Thread starter):

Nice to see the Australian Courts dishing out well deserved punishment! What an idiot, also good to see QF gets its money back too!
 
Byrdluvs747
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Wed Sep 25, 2013 3:30 am

I wish disruptive pax in the US faced the same punishment. I never understood why airlines here don't sue for the cost of diversions(fuel, pax rebooking).
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FlightShadow
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Wed Sep 25, 2013 3:52 am

Quoting AyostoLeon (Thread starter):
In good news for Qantas, the court also made a reparation order for the cost of the dumped fuel. Cooke now has a bill of $39,287 to pay.

It's been ordered, but will his payment be enforced by authorities? That's a lot of $100/month payments...
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AyostoLeon
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Wed Sep 25, 2013 4:47 am

Quoting FlightShadow (Reply 3):

Once an order has been made it is registered and in the event that the costs are not paid, Qantas can apply for an enforcement warrant. Before Qantas choose to pursue the claim, they might consider a means hearing first to determine the capability of the judgment debtor to pay. The issuing of an enforcement warrant authorises the bailiff to enter onto property and seize real or personal property to auction in order to recover the debt.

The bailiff may not seize tools of trade or a motor vehicle up to a prescribed amount if doing so would prevent the debtor from being able to work.
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FlightShadow
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Thu Sep 26, 2013 1:42 am

Quoting AyostoLeon (Reply 4):

Thanks for the information. I know that for small cases in the USA, whether or not restitution is actually paid can less than certain, and I wasn't familiar with Australian law or large(r) restitution payments. Sounds like Qantas may be getting that money back after all.

[Edited 2013-09-25 18:43:09]
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ltbewr
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Thu Sep 26, 2013 2:20 am

It could be worse, he could have end up with a serious jail term. I also hope the court mandates he has to get mental/psychological consuling and treatments to try to resolve the issues that let to his outburst. Still a large money judgment is fair under the circumstances and if gets around it may discourage such events in the future at least with QF.
 
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RyanairGuru
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Thu Sep 26, 2013 2:45 am

Quoting AyostoLeon (Reply 4):
they might consider a means hearing first to determine the capability of the judgment debtor to pay. The issuing of an enforcement warrant authorises the bailiff to enter onto property and seize real or personal property to auction in order to recover the debt

Would he be able to appeal against the sentence? If so then surely QF cannot move to collect the debt until after the appeals process has been exhausted.

Assuming that he owns real property then it would be difficult for him to make out that he is unable to pay the debt.

Quoting ltbewr (Reply 6):
he could have end up with a serious jail term.

I'm not usually one to criticise sentencing decisions (it irks me no end when tabloid media publish hysterical stories about "justice system gone wrong") but in this case I feel that he did get off pretty lightly. He assaulted a crew member, for which 4 months seems to be the low bound of what would be appropriate.
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allrite
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Thu Sep 26, 2013 2:48 am

Quoting ltbewr (Reply 6):
I also hope the court mandates he has to get mental/psychological consuling and treatments to try to resolve the issues that let to his outburst. Still a large money judgment is fair under the circumstances and if gets around it may discourage such events in the future at least with QF.

He was drunk. Seems to me that his behaviour is considered perfectly acceptable by many in Australia these days, especially on Friday/Saturday nights. Probably be a hero to some for sticking it up to authority for trying to stop his "right to smoke" and Qantas is some evil big corporation for trying to take a poor battler's money. Bah.
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AyostoLeon
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Thu Sep 26, 2013 3:20 am

Quoting RyanairGuru (Reply 7):

Do you mean appeal his conviction or appeal his sentence?

The former no, because he entered a plea of guilty. The latter he could but would run the risk of a heavier sentence being imposed and it is unclear whether he would have any grounds for appeal. The magistrate took into consideration various factors but saw that Cooke believed the diversion was an "over-reaction."

But the issue of costs is separate from that of sentensing so Qantas can still pursue recovery. Qantas may also seek to recover any additional enforcement costs should the judgment debtor (Cooke) fail to comply with the order.
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aeroflop
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Thu Sep 26, 2013 3:20 am

How about leaving him tied up, continuing the flight to the planned destination and having him dealt with on arrival.
Seems like dumping fuel is a bit of over reaction and diverting.
 
TruemanQLD
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Thu Sep 26, 2013 3:42 am

Quoting aeroflop (Reply 10):
Seems like dumping fuel is a bit of over reaction and diverting.

Right, you were on the flight to make this judgement?
 
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RyanairGuru
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Thu Sep 26, 2013 3:55 am

Quoting AyostoLeon (Reply 9):
Do you mean appeal his conviction or appeal his sentence?

The former no, because he entered a plea of guilty

I know he can't appeal the conviction, I was asking about the sentence. I didn't realise that the award of costs was separate to the sentence, thanks for that.

Quoting aeroflop (Reply 10):
Seems like dumping fuel is a bit of over reaction and diverting.

He had verbally assaulted and spat in the face of a crew member. Unless they gagged him then "tying him up" wouldn't have stopped him from disturbing other passengers.
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TN486
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Thu Sep 26, 2013 6:38 am

Quoting aeroflop (Reply 10):
How about leaving him tied up, continuing the flight to the planned destination and having him dealt with on arrival.
Seems like dumping fuel is a bit of over reaction and diverting.

I am also a proponent of a zero tolerance policy in this regard. Any, and I mean any, action that may invade another humans 'space', anything that affects anothers security and safety, should never be tolerated. QF did exactly the right thing IMHO, and this highlights the leniency shown to drunkeness in this country, and anything that can be done to change the communities "views" on this subject can, and should, be done especially when it effects other human beings, especially those who suffer from the actions of idiots whilst undertaking their duties of employment. No, this is not a rant, just passionate feelings I have for irresponsible actions.
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Pellegrine
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Thu Sep 26, 2013 11:09 am

Quoting Byrdluvs747 (Reply 2):

I wish disruptive pax in the US faced the same punishment. I never understood why airlines here don't sue for the cost of diversions(fuel, pax rebooking).

Because the average airline pax doesn't have $39,287 or whatever lying around to satisfy such a judgement. It's rather fruitless.

A judgement doesn't mean you actually get the money...you can spend years trying to collect from someone who is broke...

Quoting allrite (Reply 8):
Qantas is some evil big corporation for trying to take a poor battler's money. Bah.

IMO, a lot of airlines don't want bad press on this angle either.
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RWA380
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Thu Sep 26, 2013 12:49 pm

Quoting AyostoLeon (Thread starter):
On Wednesday the passenger, Justin Richard Cooke, was sentenced to nine months in prison but will be released after four months on a $3000 good behaviour bond. He was also fined $2250.

As has been stated before, based upon the severity of his actions I feel this guy was having a lucky day when sentenced.

Quoting Byrdluvs747 (Reply 2):
I wish disruptive pax in the US faced the same punishment. I never understood why airlines here don't sue for the cost of diversions(fuel, pax rebooking).

But this part is fantastic! Good for QF, not having to absorb those costs. Wish that happen with these idiots here in the USA! It may just keep some bonehead from making a real stupid decision, taking it out on crew and passengers won't fly.

Quoting ltbewr (Reply 6):
It could be worse, he could have end up with a serious jail term

He should have, we have to get a grip in our society and stop putting up with jerk wads like this idiot. Passing on the high cost of QF onwards to this guy may make the next idiot think before they just go off, like they feel they are entitled to do so,
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rcair1
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Thu Sep 26, 2013 1:25 pm

Quoting aeroflop (Reply 10):
How about leaving him tied up, continuing the flight to the planned destination and having him dealt with on arrival.

Leaving him tied up - and having him potentially hurt himself struggling - opens QF up to all sorts of liability. They are neither law enforcement nor equipped or trained to restrain somebody. Basically - if you restrain somebody you are liable for their condition until released to authorities. They pretty much had to divert and dump him.
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Pellegrine
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RE: Drunk Qantas Passenger Jailed, Must Pay Costs

Thu Sep 26, 2013 1:56 pm

Quoting rcair1 (Reply 16):

That's a great point.
oh boy, here we go!!!

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