nt court sentencing remarks
On 8 April 2017, a worker was injured when they fell 3-metres onto a concrete floor. 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. Being unable to get or keep some licenses, permits or jobs. "I feel it is something community leaders need to seriously reflect on," she said. (C) the adjudication and sentence. https://libguides.anu.edu.au/criminal-law, Australian Current Law - Reporter (Lexis Advance). The chargers for failing to comply with Section 21 Tropickist and Mr O'Brien were withdrawn. On 16 July 2017 afuel truck driver died as a result of a vehicle rollover. Sentencing recommendations ABN : 52 234 063 906. Decisions published in 2022 and onwards will be identified by court jurisdiction, being: 1 May 2023, 9:24 pm, or a sentence that is served outside of prison known as a, whether you have history of similar crimes. "The fact that the victim feels she cannot return to her home community is further punishment of her, beyond the offending against her by you," Justice Blokland said. 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. 20. The victim also provided Teeko Le on Tuesday 22 June 2021 you were convicted of a number of offences by the jury at Birmingham Crown Court. 16. 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. NT Supreme Court judge urges action to stop sexual assault victims being banished from their communities. make a written demand at least 10 days prior to trial. I have read the moving VPS submitted by Naasir Francis mother and brother which has been prepared as the familys collective statement. Arron Peter Kerr (trading as Kerr Contracting & Co) was charged with four breaches the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) over the incident. Find out more information onsentencing and community work. There may be factual, legal, or other defenses to the charge(s) that an attorney may be able to discover court decides you are guilty of a crime. Recent Trial Division Judgments (including sentences) are available from the Recent Trial Division Judgments link. Specialist courts which decide business, commercial, property and other chancery disputes and technology and construction disputes, both domestic and international. 2023 Northern Territory Government of Australia, URL: https://nt.gov.au/law/courts-and-tribunals/court-cases-orders-and-sentencing/court-orders-and-sentencing You may refuse 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. To withdraw your plea, you must show it was not knowingly and voluntarily made. 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. Titan Plant Hire Pty Ltd, trading as Territory Plant Hire, faced charges for failing their duties under Sections 19(2) and 20(2) of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act). 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 Northern Territory Local Court imposed the following penalties on March 15 2023: In May 2019, an amusement ride known as the Octopus Ride operating at the Freds Pass Showmalfunctioned and crashed injuring two passengers. I emphasis however, that I have not taken into account the dangerousness factor in determining the minimum term for murder. The graphic and distressing footage shows Mr Francis being shot at point blank range by you Teeko Le using an automatic weapon, while Mr Francis was sitting defenceless in a Lexus car and seeking to leave the scene. 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. 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. 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. WebSearch Australian Court Records Search for court records in Australia. I turn to the facts surrounding the offences committed on the day, 22 August 2020, that Mr Francis was killed. Moreover, if and when you are released you will remain subject to licence for the rest of your life, and may therefore be recalled to continue your life sentence if you reoffend or otherwise breach the conditions of your licence. Where I state factual findings, I am sure of those facts based on the evidence I heard at trial. The subcontractor driving a prime mover was never provided induction training or a site induction of the shopping centre. Tyrone Troy Taylor who supplied and operated the show ride was charged with four breaches under section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011. NT 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 Supreme Court sentencing remarks are usually published on theSupreme Court websiteand/or the Australasian Legal Information Institute (AustLII) website. 15. reference to the purpose or purposes that the judge or magistrate intends the sentence to achieve. Teeko Le on Tuesday 22 June 2021 you were convicted of a number of offences by the jury at Birmingham Crown "You c****s are It works with various police agencies, victims, witnesses, defendants, clerks, attorneys, and others to resolve cases in the interests of justice. 2023 Northern Territory Government of Australia, Policy on inappropriate workplace conduct, About sentencing remarks & publication policy. 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. The worker was killed when an excavator bucket dislodged and struck the worker. Such statements are required under section 6AAA of theSentencing Act 1991(Vic). Please be advised that the NT Local Court has implemented a new citation database for published decisions. One charge under section 39(1) of the Act for failing to preserve the site of an incident. Any plea I enter is voluntary and of my own free will and choice. The City Attorneys Office prosecutes only misdemeanor cases (those for which the penalty is up to a year in jail and/or a $2,500 fine). The remarks help offenders to understand why they have received a particular sentence. WITHDRAWAL OF PLEA / RIGHT TO APPEAL: There may be collateral consequences based on a conviction or guilty plea, such as increased penalties for subsequent offenses, suspension of your driver's license, restriction of your right to possess firearms and ammunition, or consequences on your immigration status. The judges or magistrates reasons lets the defence and prosecution see how much their arguments have been understood and accepted as the basis for the judges or magistrates decision. Find out more information on going to prison. 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. You have been charged with the criminal offense(s) listed in the citation or information. WebDepartment of Sentencing Policy About the Department (NDSP) Nevada Sentencing Commission (NSC) Nevada Local Justice Reinvestment Coordinating Council (NLJRCC) WebSENTENCING: Sentencing will be imposed today (if you waive time for sentencing) or you have the right to return another day (within 2 to 45 days). The remarks were made during a sentencing hearing in Alice Springs on June 9, 2021. In February 2016 two separate complaints were received about a worker climbing a tower crane at a height of approximately 18 to 21 meters without appropriate fall protection. 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. On 8 April 2017, a worker was injured when they fell 3-metres onto a concrete floor. The Right to Represent Yourself. These are serious offences in their own right although committed in the same course of criminal conduct. Reasons for a sentence can help influence how similar cases might be decided in future. You have the right to a speedy public trial before an impartial jury. The defendant was also ordered to pay a victim levy and costs totalling $3,500. At the end of a sentencing hearing, the judge or magistrate summarises the case, imposes a sentence and outlines the reasons for the sentence. A court in Russia on Friday convicted a woman from a Siberian city over social media posts condemning the war in Ukraine, punished her with a steep fine even though both she and the prosecution asked for a prison sentence. It was a regular practice by workers to access the switchboard to reset circuit breakers and gas isolators. Generally published on the website on the day that the sentence is handed down, there may be occasions where this does not happen and the sentence is published at a later date. The following is a summary of the completed prosecutions and the transcript of proceedings. 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. A guide to Australian criminal law, evidence, sentencing and criminology resources. 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. Class B Misdemeanor (0 days to 6 months jail, $0 to $1,940 fines and surcharges, plus interest); Class C Misdemeanor (0 days to 90 days jail, $0 to $1052.50 fines and surcharges, plus interest); Infraction (no jail, $0 to $1052.50 fines and surcharges, plus interest.). As to the possession of a firearm with intent to endanger life, count 8, I consider that this was a high culpability (A) offence with Category (1) harm. Justice Blokland said the victim's situation was made worse when she was forced to leave her home in a remote community. In theMagistrates Court, the magistrates sentencing remarks are recorded to audio but not transcribed. The sentencing remarks are recorded and transcribed. Given the above considerations, the court encourages you not to represent yourself. No force, threats, or unlawful influence have been made to get me to plead. 26. 28. As at the date of this sentencing hearing, you are 18 years of age. Recordings are retained for 12 months from the date of the hearing. Work Health Court NTWHC, Domestic Violence Applications and Personal Violence Restraining Orders, How to commence proceedings & file documents, Access Requests: Court files, Transcripts, Audio, Inquest into the death of Kumanjayi Walker (Ruling No 7), Inquest into the death of Kumanjayi Holmes, Renee Krum v Darwin Greyhound Association of the NT Inc, Development Consent Authority v Malcolm Henness, Natasha Bennett v Northern Territory of Australia. I have read and I understand the foregoing rights and instructions. Details concerning this right are covered on the second sheet of this form. The information remains on the web site for one month before being removed. 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. Sentencing Remarks At the end of a sentencing hearing, the judge or magistrate summarises the case, imposes a sentence and outlines the reasons for the (ii) Your convictions for attempted murder of Mr Morgan and possession of a firearm with intent to endanger life. Receiving a harsher sentence if you are convicted of a similar offense in the future. In April 2019, a 30-year-old worker was killed as he assisted with the loading of an excavator onto a trailer. The Right to an Attorney. 32. Similarly, significant County Court sentencing remarks are often published on the County Court website or AustLII. 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. I will take into account the other offences of which you have been convicted as aggravating matters in determining the minimum term but will pass concurrent sentences in respect of those matters, as Counsel are all agreed. Methods: A content analysis of all DFSV JSRs from July to Dec 2020 was undertaken (n = 64). A court order or sentence is the punishment given to you by a judge if a If you cannot An attorney could advise you aboutthose consequences. This field is for validation purposes and should be left unchanged. I also regret to note that during the course of the trial, on two occasions, namely 14 May and 25 May 2021, custody officers found that you had brought to court, hidden in your clothing, manufactured weapons- which were sharpened toothbrushes. Being required to submit to a mandatory test to determine if the offender is an HIV positive individual (if the offense involves sexual solicitation.). "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. You are not entitled to a jury trial if you are charged We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. To restrict the results to sentencing specific information use the Sentencing search field. The historic offences occurred in 2005, when the victim was 13 or 14 years old. 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. 2023 Northern Territory Government of Australia, Health and safety representatives (HSR's), Automatic mutual recognition of WorkSafe licences or accreditation, NT workers compensation online training program, Workers Rehabilitation and Compensation Advisory Council, Work Health and Safety (National Uniform Legislation) Act 2011, Titan Plant Hire Pty Ltd and Jason Frank Madalena, Springs OpCo Pty Ltd, NT Estate Pty Ltd and Megan Jane Nott, 2023 Changes to the Work Health and Safety Regulations (Psychosocial Hazards), Changes to the Return to Work Legislation 2020, Changes to the Return to Work Legislation 2015, 2022 changes to the Dangerous Goods Regulations, 2022 Changes to the Transport of Dangerous Goods Legislation, Michael Roger Hewitt (Hewitt Cattle Australia Pty Ltd). Here's what they think of a Voice to Parliament, Prime minister says urgent care clinics will start relieving pressure on NT's busy emergency wards in coming months, NRL concedes error on crucial golden point call, 'We really need massive help': Sudan refugees give birth in camps without medical help or shelter. There may be issues related to the conduct of trial or the entering of a guilty plea that you may not know and it would be your attorney's responsibility to be aware of those issues and to properly address them before the court. This field is required. If you plead guilty or no contest, these rights are waived, and your plea constitutes an admission of all the elements of the crime. Justice Blokland added thiswas something that had also come upin the sentencing of a manin May. 30. If you wish to receive further information about these possible consequences, you are encouraged to talk with an attorney. criminal court. WebNorthern Territory Supreme Court Daily court lists Supreme Court Local Court Northern Territory Civil Administrative Tribunal Court decisions NT Supreme Court decisions Indervon Pty Ltd was charged with two breaches of Section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 for failing to comply with a health and safety duty. (v) The disposal of evidence: gun and phones. On 3 June 2016, a fruit picker was found deceased as a result of a motor vehicle rollover. 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. At the end of this document you will choose how you As most jurisdictions only display their sentencing decisions for a limited period of time, you may be beneficial to use the Australian Current Law - Reporter on LexisNexis AU. 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. On 8 February 2018, Ryan Watts and a worker he had subcontractedfell from a height as they were being lifted in a man cage by a telehandler. 19. Standing back, I am of the view that the appropriate minimum term is one of 20 years. If the defendant is These steps and procedures are summarized below: Main Office - (801) 852-6140 If you post bail, you will be released on : a) the condition you appear in court You appear to be using Internet Explorer 7, or have compatibility view turned on. There can be no explanation of this unless there was some pre-existing dispute. I have had a chance to consider these consequences and I am aware that I can be given more time to consult an attorney if I have further questions about these enhancement penalties. You are presumed innocent until: a) you plead guilty or no contest; or b) the prosecution proves you guilty. For that reason, and depending on the nature of the crime, remarks may contain graphic accounts which some people may find confronting. WARNING: Sentencing Remarks deal with the sentences imposed for crimes. people in court. On 22 July 2021, the Northern Territory Local Court in Alice Springs imposed the following penalties: On 25 February 2019, a third year and a fourth year electrical apprentice were both working unsupervised on the roof of the Tennant Creek Fire Station conducting electrical work on a live system. (ii) Reference was made to your limited offending history. WebThe Supreme Court is the highest court in the Northern Territory and deals with civil and criminal matters as well as appeals. 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. The fourth year electrical apprentice was electrocuted when he made contact with a live wire and was unable to be revived. Most criminal cases prosecuted by the City Attorneys Office involve seven basic stages as they move through the judicial system. 25. 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. 9. Some judges may make written copies available at the hearing and may distribute these to the parties involved. It is important to emphasise, so that you and the public can understand the position, that this 20 year minimum term is just that a minimum period which cannot be reduced in any way. 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. You continue to deny the offences and have given no indication of a desire to abandon violence. In the sentencing remarks, Justice Blokland outlined that, after receiving counselling in February 2018, the victim came forward to police. The most serious of these offences were the murder of Naasir Francis and the attempted murder of Mr Franciss friend, Lawrence Morgan. 2. 23. 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. Local Court NTLC 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. No transcripts of the hearings are published. However, I must then consider what aggravating and mitigating factors exist in order to determine the appropriate minimum term. On the 10 April 2012 a worker sustained a workplace injury and was admitted as an inpatient at the Royal Darwin Hospital. However, the fact that there was a spontaneous outbreak of armed violence between to the 2 groups is clear on the footage. 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. Mr Taylor was ordered to forfeit the Octopus Ride to the Northern Territory for destruction. Mr Taylor also pleaded guilty to a charge under section 33 for putting at risk the health and safety of the other passengers on the ride. Follow NT Courts on Twitter Popular links Full verdict must be unanimous. 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. History of the judiciary in England and Wales, Judiciary and Data Protection: privacy notice, Health, Education and Social Care Chamber, Upper Tribunal Administrative Appeals Chamber, Upper Tribunal Immigration and Asylum Chamber, War Pensions and Armed Forces Compensation Chamber. 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. 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. I do not consider the ADHD medical evidence to be material to your particular offending. Being unable to own or possess a firearm or ammunition (if the offense involves domestic violence). 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. She has flashbacks and difficulties with her family relationships," said Justice Blokland. 8. This is a case where credit for your age is accommodated by the starting point. They participate in hearings, pre-trials, trials, and appeals and seek appropriate restitution, rehabilitation, fines and jail time for those found guilty. 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. 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. You also have the right to represent yourself. 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. Sentencing remarks will usually appear on the website within a day or two of delivery in court and will remain for four weeks. In taking into account Counts 6 and 8 as part of the determination of the minimum term, I have applied the principle of totality in arriving at a proportionate sentence which reflects your overall criminal conduct on that day. 35. 21. The man was sentenced to 18 years in prison, with a non-parole period of 15 years, after being found guilty of multiple physical and sexual assaults on his daughter. They can also help anappellate court(a court that hears appeals) determine if any errors were made in the sentencing process. Mr Kerr was ordered to pay the injured worker $20,000. Details revealed in the New South Wales District Court sentencing remarks, said the man and fellow prisoner, Noel Barrett, 25, had begun asking for buprenorphine (opiate) injections the day before the incident. WebSentencing remarks of the Honourable Mr Justice Saini 1. 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. 13. 27. 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. It is possible you may never be released. Titan Plant Hire Pty Ltd was fined $960,000. From finding people to background checks and due diligence. 1. On the 24 March 2015 a worker was seriously injured whilst shredding trees and palm fronds in preparation for an approaching cyclone. I have received very helpful submissions from Defence and Prosecution Counsel and my attention has been drawn to the relevant provisions of the Sentencing Act 2020 (the 2020 Act) and material guidelines concerning the offences and including the guideline concerning sentencing children and young persons.
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