On the 19 November 2015 a young child received fatal crush injuries after a truck tyre fell on him as his family waited for a tyre on their vehicle to be replaced at a Katherine business. (3) Judgment of Not Guilty or Discharge. a court-appointed attorney, you still have the right to an attorney, but the attorney must then be retained at your own expense. Mr Taylor was ordered to pay the two injured passengers $10,000 each; and. 1. Some of the more common offenses that could result in one or more of these additional consequences include, but are not limited to: Minor Alcohol Violations (between age of 18 - 21), Using Handheld Device While Operating Vehicle. Outback Ballooning Pty Ltd was charged with one breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) over the death. In the same case, Chen Chih-chungs wife, Huang Jui-ching (), received a 10-month sentence suspended for four years and a NT$1 million fine. The remarks were made during a sentencing hearing in Alice Springs on June 9, 2021. If you choose to appeal, you must file a written Notice of Appeal within 28 days of the sentence or order from which you are appealing. The Right to Represent Yourself. Justice Jenny Blokland urged policymakers and legislators to pay attention to how many sexual assault victims are being punished by being forced to leave their communities. The most serious of these offences were the murder of Naasir Francis and the attempted murder of Mr Franciss friend, Lawrence Morgan. I impose a concurrent sentence of 10 years in respect of count 6, bearing in mind your age in particular. 1 May 2023, 9:24 pm. It is in these ways that a life sentence protects the public for the future. As to the attempted murder of Mr Lawrence Morgan, count 6, I find on the facts that this was a very high culpability (A) and harm level (3) case within the relevant guideline. to testify, and no one can make you testify or give evidence against yourself. He was a young man taken from a caring and loving family in the prime of his life. Teeko Le on Tuesday 22 June 2021 you were convicted of a number of offences by the jury at Birmingham Crown Court. 3. Following a lengthy legal challenge which reached the High Court in February 2019, the charge was reverted back to the Northern Territory Local Court where Outback Ballooning pleaded guilty. and explain to you. criminal court. WebGoing to Court. 32. Teeko Le on Tuesday 22 June 2021 you were convicted of a number of offences by the jury at Birmingham Crown Recordings are retained for 12 months from the date of the hearing. On one side, Mr Le, Mr Donovan Harris and Tariq Francis and on the other side, Mr Francis and Mr Morgan, came together by accident near Bings caf that day, at the junction of Wheeler Street and Lozells Road at around 12.30pm. A victims levy of $2,000 was also imposed. Probuild (NT) Pty Ltd was charged for breaching Section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011, for failing to comply with health and safety duties. Mr Kerr entered an early guilty plea to the two reckless conduct charges and the Northern Territory Local Court imposed the following penalties: On 13 July 2013, 35-year-old NSW tourist Stephanie Bernoth was fatally injured when the scarf she was wearing was drawn into an inflation fan, as she boarded a hot air balloon. The information on this page (except all logos and any third-party content linked to from this page) is licensed under a Creative Commons Attribution 4.0 International License. 21. 7. Chargers were laid against the company Tropickist and company director Mr David O'Brien for failing to comply with Section 21 and Section 155 (5) of the Work Health and Safety (National Uniform Legislation) Act 2011. (v) The disposal of evidence: gun and phones. 2023 Northern Territory Government of Australia, URL: https://nt.gov.au/law/courts-and-tribunals/court-cases-orders-and-sentencing Justice Blokland sentenced Simeon Riley to 12 years in jail, with a non-parole period of eight years and six months, after he pled guilty to two charges of sexual intercourse without consent earlier this year. Young people are treated differently by the courts. On the 12 May 2017 the defendant was convicted and fined $11,800 for a breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011. Please be advised that the NT Local Court has implemented a new citation database for published decisions. But where a court imposes the mandatory life sentence, s.321 of the 2020 Act requires the court to order that the early release provisions in s.28(5) to (8) of the C(S)A 1997 are to apply to the offender after he has served such part of the sentence as the court specifies (impose a minimum term) or order that the early release provisions in s.28(5) to (8) of the C(S)(A) 1997 do not apply. They are published because of the need for transparency in the judicial process.It is necessary for those Remarks to deal with the circumstances of the crime so that the sentence imposed can be seen in context. No transcripts of the hearings are published. On 8 April 2017, a worker was injured when they fell 3-metres onto a concrete floor. Mr Taylor entered an early guilty plea to two of the charges under section 32for exposing the two injured passengers to a risk of serious injury or death. A motion to withdraw a guilty or no-contest plea must be made before you are sentenced or within 28 days of a plea held in abeyance. Experiences of trauma and alcohol and other drug use by domestic, family, and sexual violence offenders: A review of 6 months of sentencing remarks from the Supreme Court of the Northern Territory, Australia - Sarah Clifford, Cassandra JC Wright, Michael Livingston, James A Smith, Kalinda E Griffiths, Peter G Miller, 2023 This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. They have lost a man who had become the guardian angel of this loving family. She has flashbacks and difficulties with her family relationships," said Justice Blokland. people in court. On 3 July 2019, Tropickist and Mr O'Brien were both convicted and fined a total of $13,000, after pleading guilty to breaching Section 155 (5). As to mitigating factors, there are the following matters were raised in your Leading Counsels written and oral submissions: (i) First reference was made to your age as it relates to your maturity. If you want a jury trial, you must The subcontractor driving a prime mover was never provided induction training or a site induction of the shopping centre. On the 26 March 2019, Glen Cameron was fined $154,000 and the mandatory victim's levy of $1,000 for breaching section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011. 33. PENALTIES (MINIMUM / MAXIMUM SENTENCES): Find out more information on young Standing back, I am of the view that the appropriate minimum term is one of 20 years. The victim also provided an impact statement to the court. On the 10 April 2012 a worker sustained a workplace injury and was admitted as an inpatient at the Royal Darwin Hospital. In addition to shooting Mr Francis you, Teeko Le, also attempted to murder Mr Lawrence Morgan by firing multiple rounds at him both before he and Mr Francis left to escape the scene, and also when Mr Morgan returned to try and save his friend who was trapped in the Lexus. Therefore the only sentence which can be imposed upon you for the offence of murder of Mr Francis is one of Detention at Her Majestys Pleasure pursuant to section 90 of the Powers of the Criminal Courts (Sentencing) Act 2000 and this is the sentence which I impose upon you in respect of that offence, count 5. Given the above considerations, the court encourages you not to represent yourself. 35. Youth Justice Court NTYJC After it is served, there is no guarantee that you will be released at that time, or at any particular time thereafter. Russian girl who drew anti-war picture sent to orphanage 10. On 29 April 2020, Indervon was convicted and fined $140,000 after pleading guilty to one breach of Section 32 for failing to provide adequate training, instruction and supervision. For completeness, I also determine that your offending in Counts 6 and 8 and the further information before me in the PSRs, including your pattern of violent behaviour, would have justified a finding of dangerousness justifying the imposition of a sentence for life under section 258 of the Sentencing Code. court decides you are guilty of a crime. In addition, you were found to have two large knives at home in or around 26 December 2018 as well as items which I am sure were related to drug dealing. It is clear that there must be substantial upward movement on the starting point. Court of Appeal The Court of Appeal deals exclusively with people challenging the decisions made by other courts or tribunals. It now falls to me to sentence you for these offences, as well as a related and serious firearms offence on which the jury found you guilty. Some judges may make written copies available at the hearing and may distribute these to the parties involved. The section 38 breach for failing to notify NT WorkSafe of a notifiable incident was withdrawn. N T Estate Pty Ltd as the owner of the property, was charged with one breach under section 32 of the Act for failing to ensure the mechanical services switchboard was without risks to the health and safety of any person. The sentencing remarks are recorded and transcribed. The Northern Territory Government respectfully acknowledges the First Nations people of this country and recognises their continuing connections to their lands, waters and communities. These are serious offences in their own right although committed in the same course of criminal conduct. Judges and magistrates use sentencing remarks to explain the reasons for the sentence to those involved in a case. For some high-profile cases, the higher courts will stream sentencing remarks via their respective websites, so that media and interested members of the community can hear the judges sentencing remarks delivered in court. It works with various police agencies, victims, witnesses, defendants, clerks, attorneys, and others to resolve cases in the interests of justice. On the 6 August 2015 a student was run over and killed by a four-wheel drive that he and fellow students were pulling at the Gawa School sports carnival on Elcho Island. Being unable to own or possess a firearm or ammunition (if the offense involves domestic violence). https://libguides.anu.edu.au/criminal-law, Australian Current Law - Reporter (Lexis Advance). The Australian National University, Canberra On 3 June 2016, a fruit picker was found deceased as a result of a motor vehicle rollover. Being unable to get or keep benefits such as public housing or education. b. Titan Plant Hire Pty Ltd was fined $960,000. Claims - (801) 852-6365 "We may be witnessing the emergence of a trend which sees victims of sexual assault being incidentally punished in their home communities through a form of banishment," she said. In my judgment, there are the following aggravating factors: (i) As it is not accounted for in paragraph 6 of Schedule 21, the use of a firearm. Being required to submit to a mandatory test to determine if the offender is an HIV positive individual (if the offense involves sexual solicitation.). If the charges include the potential for a jail sentence (i.e., any of the charges is a Class A, B, or C misdemeanor or felony charge) and you do not have enough income or assets to hire your own attorney, the court will appoint an attorney to represent you, unless you choose to represent yourself. The YOS report makes very concerning reading. It is only by luck that no innocent members of the public in this busy area of Birmingham at lunchtime that day were not also shot. If you are not a United States citizen, a guilty plea, no contest plea, or conviction may result in your deportation, removal, exclusion from admission to the United States, or denial of citizenship. I agree that you benefit from the fact that prior to this offence your previous convictions, although involving knives, were of a relatively minor nature and committed some years ago. 17. Details revealed in the New South Wales District Court sentencing remarks, said the man and fellow prisoner, Noel Barrett, 25, had begun asking for Enquiries proved that the company never held a insurance policy or indemnity from an approved insurer, nor did they notify NT WorkSafe of the incident. You also have the constitutional right to represent yourself and to proceed without an attorney. Each of the suspended sentences will be activated in full and again run concurrently. At the end of a sentencing hearing, the judge or magistrate summarises the case, imposes a sentence and outlines the reasons for the sentence. The vicious nature of the attack on an unarmed man cornered by you and Mr Donovan-Harris, which I have already explained. A guide to Australian criminal law, evidence, sentencing and criminology resources. Find out more information on going to prison. You agree your electronic signature is the legal equivalent of your manual signature on this document. Infringement noticesarefines issued forfailing to comply with an improvement notice. Two charges of reckless conduct under section 31 of the Act for failing to ensure the safety of his workers; One charge under section 38(1) of the Act for failing to notify NT WorkSafe of a notifiable incident; and. 445 W Center St Suite 300 If You Cannot Afford an Attorney. I impose an 8 year concurrent sentence. Digital copies of recordings are available from the Magistrates Court for a fee. I have read and I understand the foregoing rights and instructions. WebNT WorkSafe actively enforces the law, prosecuting alleged offenders under the Work Health and Safety (National Uniform Legislation) Act 2011. I understand that if I have questions about the effects of my plea on my immigration status, I should consult with an immigration attorney. Your browser is not supported by ANU web styles. Any statement you make may be used against you. On Count 5 you were WebSentencing remarks of the Honourable Mr Justice Saini 1. A structured coding instrument was developed to extract quantitative and qualitative variables through repeated reviews by multiple authors. The company previously vigorously defended the charge on a technicality, arguing prosecutors filed the charge out of time, but the NT Supreme Court ruled the case could go ahead in early 2016. The murder of Mr Francis and the attempted murder of Mr Morgan was captured on clear CCTV footage. Outback Ballooning was convicted of breaching section 32 of the Act and the conviction was recorded. 2. Infringement noticeshave beenissuedto the following industry sectors. 4. The remarks help offenders to understand why they have received a particular sentence. The Supreme Court on Wednesday handed down the one-year sentence combined with a fine of NT$1.5 million (US$48,796) to the younger Chen. Before I can determine the minimum term, I must address the other offences which arose out of the incident at Bings that day and which, as I have said, I will take into account as aggravating factors in determining the minimum term. On Count 2 of this indictment I sentence you to life imprisonment with a minimum term to serve of 9 years 9 months less 418 days spent on remand. WebWe would like to show you a description here but the site wont allow us. On the 16 May 2017 S.Kidman & Co Ltd was convicted and fined $200,000 for a breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011. One charge under section 39(1) of the Act for failing to preserve the site of an incident. Mr Le, I have considered the PSRs from Surrey YOS, and the helpful reports from a clinical neuropsychologist and from a psychiatrist. courts in the Northern Territory (NT) are: Find out A jury To withdraw your plea, you must show it was not knowingly and voluntarily made. Similarly, significant County Court sentencing remarks are often published on the County Court website or AustLII. Titan Plant Hire Pty Ltd entered an early guilty plea to one charge under Section 32 of the Act for failing its primary duty of care under Section 19(2) of the Act. The court may order the sentence to run consecutively (one after the other) with the charges in this case and with any other case. "She still struggles trying to get her life back. Sentencing remarks of the Honourable Mr Justice Saini. Ridem Pty Ltd, trading as Dexter Barnes Electrical was charged with one breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) for failing the their primary duty of care. On 8 January 2017, a deckhand was found floating face down in the water after he lost his balance when climbing from the barge onto the wharf, with no gangway in place to bridge the gap. Find out more information onsentencing and community work. 14. You have the right to testify on your behalf. Mr Watts was charged with one breach of section 155(2) of the Act for failing to produce documents and information requested by NT WorkSafe as part of an investigation. (ii) Reference was made to your limited offending history. Such statements are required under section 6AAA of theSentencing Act 1991(Vic). However, I must then consider what aggravating and mitigating factors exist in order to determine the appropriate minimum term. Reasons for a sentence can help influence how similar cases might be decided in future. You have a number of relevant convictions but nothing approaching the seriousness of the present offences. afford to pay for the attendance of witnesses, the prosecution will pay those costs. An attorney could advise you aboutthose consequences. It is only by chance that Mr Morgan and passing members of the public escaped without injury. It is then only, if the Parole Board decides you are fit to be released, that you will be released. On the 19 March 2018 the defendant was convicted and fined $135,000 for breaching section 32 and $7,000 for breaching section 38 of the Work Health and Safety (National Uniform Legislation) Act 2011. As stated in the PSR from the Surrey Youth Offending Service: a. For that reason, and depending on the nature of the crime, remarks may contain graphic accounts which some people may find confronting. You also have the right to represent yourself. On the 15 July 2013 the defendant was convicted and fined$58,625 for a breach of section 126 of the Workers Rehabilitation and Compensation Act 1986 and $16,400 for a breach of section 38 of the Work Health and Safety (National Uniform Legislation) Act 2011. This was an execution. There is very limited mitigation in your case and your Leading Counsel Mr Stone QC has been characteristically measured and realistic in this regard. (ii) Your convictions for attempted murder of Mr Morgan and possession of a firearm with intent to endanger life. Fax - (801) 852-6150, City Hall verdict must be unanimous. On 16 July 2017 afuel truck driver died as a result of a vehicle rollover. As at the date of this sentencing hearing, you are 18 years of age. WebTo do this we reviewed Judicial Sentencing Remarks (JSRs) from the Supreme Court of the NT. A court order or sentence is the punishment given to you by a judge if a Please enter a valid zipcode. Time spent on remand will be automatically deducted from the minimum term and may be done administratively. 30. Hewitt Cattle Australia was charged with one breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) for failing their primary duty of care, and one breach of section 38 of the Act for failing to notify NT WorkSafe of a notifiable incident. Megan Nott, a company director of Springs OpCo Pty Ltd, was charged with one breach under Section 32 for failing to exercise due diligence in ensuring Springs OpCo Pty Ltd complied with its health and safety duties. This is a case where credit for your age is accommodated by the starting point. It is accordingly necessary for me to determine in accordance with Schedule 21 to the 2020 Act, the minimum term which you will have to serve in custody prior to the Parole Board considering whether it is safe to recommend your release. They participate in hearings, pre-trials, trials, and appeals and seek appropriate restitution, rehabilitation, fines and jail time for those found guilty. Your refusal to testify cannot Let the court know if you would like to determine whether you qualify for a court-appointed attorney. Mr Madalena also entered an early guilty plea to one charge under Section 32 of the Act failing to exercise due diligence under Section 27 of the Act which allowed Titan Plant Hire to breach its duty. The Northern Territory Government respectfully acknowledges the First Nations people of this country and recognises their continuing connections to their lands, waters and communities. WebSENTENCING REMARKS AND JUDGMENT ON THE CROWNS APPLICATION UNDER SECTION 5A OF THE PROTECTION FROM HARASSMENT ACT 1997 _____ The Honourable Mr Justice Saini: 1. Sustainability and Natural Resources Committee, Removal of Memorial on Kiwanis Park Fence, Planning Commission Administrative Hearings, Transportation and Mobility Advisory Committee, Report Website Issue / Submit Web Suggestion. of courts and their roles. On the 13 December 2018 the defendant was convicted and fined $190,000 and the mandatory victims levy of $1,000 for breaching section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011. The company was also ordered to pay NT WorkSafe $10,000 to assist in the preparation, publication and distribution of written advice regarding precautions to be undertaken by tourists in Central Australia in respect to weather conditions. If you cannot On 25 September 2019, Breakthrough (NQ) Pty Ltd was convicted and fined a total of $32,500 and the mandatory victim's levy of $2,000 after pleading guilty to the charges. Where sentencing remarks are available, a court may remove personal data or identifying information. In the higher courts, judges give their sentencing remarks verbally at the sentencing hearing. Mr Russel John ODonnell, a director of Ridem Pty Ltd was also charged with one breach of section 32 of the Act for failing the his primary duty of care. On the 7 October 2016, a man was killed after falling asleep in the loading dock area of Hibiscus Shopping Centre. You will be required to pay for all defense expenses that could be provided as part of a public defender's representation, including the costs of investigators and expert witnesses. 2023 Northern Territory Government of Australia, URL: https://nt.gov.au/law/courts-and-tribunals/court-cases-orders-and-sentencing/court-orders-and-sentencing QLD and NT most frequently violate children's rights under supervision. Recent Trial Division Judgments (including sentences) are available from the Recent Trial Division Judgments link. In relation to the determination of the minimum term of detention for the offence of murder, due to your age, the starting point is one of 12 years. While I hope she understands the broader community stands with her, it is regrettable that she cannot return to live in her home community.". In theMagistrates Court, the magistrates sentencing remarks are recorded to audio but not transcribed. Most criminal cases prosecuted by the City Attorneys Office involve seven basic stages as they move through the judicial system. You were born on 24 July 2002 and were therefore 17 years of age at the date of Mr Francis murder. Methods: A content analysis of all DFSV JSRs from July to Sentencing remarks are generally placed on the internet the day the sentence is imposed, although there may be occasions where it is not published until one or two days later. This guide has information for people who are charged with an offence and have to go to a only with an infraction. Legislation, suppression orders or other restrictions may mean that some sentencing remarks cannot be published. To restrict the results to sentencing specific information use the Sentencing search field. There can be no explanation of this unless there was some pre-existing dispute. The following is a summary of the completed prosecutions and the transcript of proceedings. e) with the court's approval, no contest (a no-contest plea means you do not challenge the charge; it is still a conviction). I understand that if I am not a United States citizen, my plea(s) today may, or even will, subject me to deportation under United States immigration laws and regulations, or otherwise adversely affect my immigration status, which may include permanently barring my re-entry into the United States. WebThe Criminal Prosecution Division of the Provo City Attorneys Office prosecutes violations of law in the Provo Justice Court and the 4th District Court. 12. I emphasis however, that I have not taken into account the dangerousness factor in determining the minimum term for murder. There may be factual, legal, or other defenses to the charge(s) that an attorney may be able to discover I have considered the evidence from the expert witnesses in the PSRs concerning your maturity and development. This field is for validation purposes and should be left unchanged. Being unable to get or keep some licenses, permits or jobs. Daily Courts Lists; List of Circuit Courts; Common Legal Terms Explained; Court appearances, orders and sentencing; Court Rules - Etiquette; Domestic Violence Electronic Signature Agreement: By typing your signature below you are signing this document electronically. You can be given either: time in for future proceedings; and b) any other condition the court imposes. In the sentencing remarks, Justice Blokland outlined that, after receiving counselling in February 2018, the victim came forward to police. Your risk of causing serious harm to others is assessed as very high; Court orders and sentencing A court order or sentence is the punishment given to you by a judge if a court decides you are guilty of a crime. You can be given either: time in prison known as a custodial sentence or a sentence that is served outside of prison known as a non-custodial sentence.
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