An amateur drone pilot who almost caused a “catastrophic” crash with a police helicopter has been spared a prison sentence.
Nathan Flint, 19, flew his DJI Air 3 drone four times higher than the 400ft legal limit in Middleton, and came within five seconds of crashing into a police helicopter with three people on board.
It was only because the helicopter’s ex-military pilot’s spotted the drone and banked to the right that a crash was avoided.
The pilot spotted the lights flying below the helicopter “in the 11 o’clock position” and immediately “took evasive action”, prosecutor Aubrey Sampson told Manchester’s Minshull Street Court.
He went on to say: “[The pilot] is of the view taking immediate evasive action was necessary as the drone could have made contact with the aircraft within 4.8 seconds.”
The captain of the police helicopter, Peter Delaney, told police: “In all my years as a helicopter pilot and before during my military service I have never had to take such evasive action because of a drone. It posed a huge risk to my aircraft… It could have caused catastrophic results.”
One of the helicopters police passengers saw the drone between 100 and 200ft below the chopper and about 1,600ft from the ground, the court heard.
The drone then descended into the back garden of Flint’s home in Middleton and the second police passenger used “mapping technology” to pinpoint Flint’s address on Talkin Drive. When the helicopter returned to Manchester City Airport, a report of the ‘near miss’ was filed..The next day police visited Flint’s home and arrested him. In his police interview, he admitted “straight away” he was the pilot of the drone, adding that he was “very excited” as he had purchased the drone with his birthday money, at the cost of £1,200.
He told the officers he had merely wanted to “enjoy” the drone and knew the legal altitude limit for the aircraft was 400ft. He admitted it was “well above the legal altitude limit”.
Captain Peter Delaney branded the drone pilot “dangerous and reckless”.
Judge Jenny Lester-Ashworth said the defendant’s “culpability is significantly reduced by virtue” of his autism, and so jail was ‘not necessary’.
The judge added: “You took ownership of the drone following a birthday and took the opportunity to fly that drone and fly it in a way that was dangerous.”
Judge Lester-Ashworth said she ‘noted’ that the defendant had since sold the drone, adding: "I doubt you have any intention of buying another one.
"If you do you must make sure you check all the requirements before you do something like this again. This offence is viewed as serious which is why you are in the crown court and not the magistrates’ court.
“This is an offence which does cross the custody threshold.”
The judge went on, however, that if the defendant did not have special needs in the form of autism he “would be going to prison”.
She added: “I’m not going to send you to prison today because of those needs.”
The judge noted the defendant was still 19, had no previous convictions, had admitted his crimes and had “demonstrated remorse”.
She said: “You did not intend to put others at risk and you were ignorant to the risk you were posing.”
The judge added: “It’s clearly a very dangerous offence and the consequences could have been catastrophic.”
Flint, who is on benefits, was handed a community order and a three-month electronically-monitored curfew which requires him to be at home between 7pm and 8am.
He was also ordered to pay £150 towards prosecution costs after he admitted recklessly endangering an aircraft, failing to comply with the maximum operating height, failing to display a registration, contravening registration requirements and failing to have appropriate competence for the flight.
Or I reckon police would have taken it the next day when he was arrested.
