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R v Paine

The Times Law Reports Cited authorities 4 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date21 June 1997
Date21 June 1997
CourtCourts-Martial Appeal Court

Courts-Martial Appeal Court

Regina
and
Paine

Aircraft - causing annoyance by flying - mens reas

Causing annoyance by flying

The mens rea required for causing annoyance by flying was an intention so to fly or recklessness whether such annoyance was caused.

The Courts-Martial Appeal Court (Lord Justice Stuart-Smith, Mr Justice Forbes and Mr Justice Eady) so stated on May 23 when allowing the appeal of Flight Lieutenant Nicholas Paine against his conviction on March 14, 1996, at a General Court Martial at Leeming of flying an aircraft so as to cause or being likely to cause unnecessary annoyance to any person, contrary to section 52 of the Air Force Act 1955 for which he was sentenced to a fine of £500 and a severe reprimand.

LORD JUSTICE STUART-SMITH said that the Assistant Judge Advocate General was right to hold that mens rea was a necessary element of the offence, but he was wrong to direct the members of the court martial that the relevant mental state was that the accused "knew or ought to have known" that what he did would cause or be likely to cause unnecessary annoyance.

The necessary mens rea was an intention to fly so as to cause or be likely to cause annoyance or recklessness as to whether annoyance was or was likely to be caused, and...

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