However, the fact that there was a spontaneous outbreak of armed violence between to the 2 groups is clear on the footage. Mr Taylor was ordered to pay the two injured passengers $10,000 each; and. Supreme Court sentencing remarks are usually published on theSupreme Court websiteand/or the Australasian Legal Information Institute (AustLII) website. On the 4 April 2019 the defendant, who was the skipper of the barge, was convicted and fined $20,000 for breaching section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011. The YOS report makes very concerning reading. Sentencing remarks of the Honourable Mr Justice Saini. Being unable to get or keep some licenses, permits or jobs. The murder of Mr Francis and the attempted murder of Mr Morgan was captured on clear CCTV footage. 7. 14. Criminal A victims levy of $2,000 was also imposed. "I feel it is something community leaders need to seriously reflect on," she said. Mr Belfield, on 5 August 2022, following a 5 week trial here at Nottingham Crown Court the jury convicted you on 4 counts. The PSR makes clear that you show no remorse. Responsible Officer: University Librarian/Page Contact: Library Systems & Web Coordinator, +61 2 6125 5111 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. As at the date of this sentencing hearing, you are 18 years of age. Any plea I enter is voluntary and of my own free will and choice. 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. To restrict the results to sentencing specific information use the Sentencing search field. 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. It works with various police agencies, victims, witnesses, defendants, clerks, attorneys, and others to resolve cases in the interests of justice. To do this we reviewed Judicial Sentencing Remarks (JSRs) from the Supreme Court of the NT. 26. Some judges may make written copies available at the hearing and may distribute these to the parties involved. 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. Follow NT Courts on Twitter Popular links Full 21. I do not consider the ADHD medical evidence to be material to your particular offending. This was an execution. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. 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. An attorney could advise you aboutthose consequences. 24. 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. Mr Taylor was ordered to forfeit the Octopus Ride to the Northern Territory for destruction. SENTENCING: You will be expected to exhibit proper behavior before the judge and jury. 1. However, I must then consider what aggravating and mitigating factors exist in order to determine the appropriate minimum term. criminal court. We pay our respects to the Aboriginal and Torres Strait Islander cultures, and to their leaders past, present and emerging. 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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. There is very limited mitigation in your case and your Leading Counsel Mr Stone QC has been characteristically measured and realistic in this regard. Titan Plant Hire Pty Ltd was fined $960,000. Your sentence will depend on many different factors. 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. If you cannot You can be given either: time in 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. The court may order the sentence to run consecutively (one after the other) with the charges in this case and with any other case. 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. 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. I consider that your age as it relates to maturity is of limited relevance in this case. (ii) Your convictions for attempted murder of Mr Morgan and possession of a firearm with intent to endanger life. 12. 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. While I hope she understands the broader community stands with her, it is regrettable that she cannot return to live in her home community.". 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. (v) The disposal of evidence: gun and phones. 4. I understand the charge(s) and penalties. 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. 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. 23. 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 Australian National University, Canberra You have been charged with the criminal offense(s) listed in the citation or information. more information on types For that reason, and depending on the nature of the crime, remarks may contain graphic accounts which some people may find confronting. The remarks are recorded to audio, and any party to the proceeding may apply for a copy. You appear to be using Internet Explorer 7, or have compatibility view turned on. (3) Judgment of Not Guilty or Discharge. 30. 34. 35. 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. The following is a summary of Breakthrough (NQ) Pty Ltd was charged for breaching Section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) for failing to comply with a health and safety duties and Section 39 of the Act for failing to preserve an incident site. Similarly, significant County Court sentencing remarks are often published on the County Court website or AustLII. Legislation, suppression orders or other restrictions may mean that some sentencing remarks cannot be published. Mr Kerr was ordered to pay the injured worker $20,000. In the sentencing remarks, Justice Blokland outlined that, after receiving counselling in February 2018, the victim came forward to police. If you had been 18 at the time of the offence, as opposed to 17, the starting point would have been 30 years, (up from a starting point of 15 years). 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. (iii) The large number of shots fired by you and the timing and location of the offence, namely the middle of the day in Birmingham and the consequent high risk posed by your actions to members of the public. The ACT Supreme Court has released the formerly secret sentencing remarks on the case against the man known as Witness J. At the end of a sentencing hearing, the judge or magistrate summarises the case, imposes a sentence and outlines the reasons for the sentence. 2023 Northern Territory Government of Australia, Policy on inappropriate workplace conduct, About sentencing remarks & publication policy. 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. 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. The judge or the magistrate makes their sentencing remarks in open court for anyone in the court, including media, to hear. I have read the moving VPS submitted by Naasir Francis mother and brother which has been prepared as the familys collective statement. Felony cases (more serious crimes than misdemeanors) are prosecuted by the Utah County Attorneys Office. 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. 27. Specialist courts which decide business, commercial, property and other chancery disputes and technology and construction disputes, both domestic and international. The other Section 32 charge for failing to provide a safety system of work was withdrawn. Details concerning this right are covered on the second sheet of this form. 3. You were born on 24 July 2002 and were therefore 17 years of age at the date of Mr Francis murder. You have the right to confront and cross-examine the prosecution witnesses in open court. A court order or sentence is the punishment given to you by a judge if a On the 20 July 2016 the defendant was convicted and fined $15,000 for a breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011. If you do not meet the eligibility guidelines to have You continue to deny the offences and have given no indication of a desire to abandon violence. In this way, sentencing remarks promote consistency in sentencing. "The surrounding circumstances are so extreme, the cruelty shown to the victim is so abhorrent, it is shocking that, apparently, no-one knew or took any action," she said. It is clear on the evidence, particularly the Surrey YOS report, that there is a significant risk to members of the public of serious harm being caused by you committing further specified offences. You have the right to call witnesses and compel by subpoena their attendance and testimony. Please enable JavaScript in your browser for a better user experience. 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. I acknowledge that I have been informed that there may be additional legal consequences as a result of my plea(s) in this case. e) with the court's approval, no contest (a no-contest plea means you do not challenge the charge; it is still a conviction). WebNT WorkSafe actively enforces the law, prosecuting alleged offenders under the Work Health and Safety (National Uniform Legislation) Act 2011. On 8 February 2018, two workers subcontracted by Hewitt Cattle Australia fell from a height as they were being lifted in a man cage by a telehandler at Ambalindum Station. You have convictions for possession of a knife (bladed article) in a public place and wounding/inflicting grievous bodily harm and possession of an article with a blade or point on school premises on 25 April 2016. You are not entitled to a jury trial if you are charged 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. Methods: A content analysis of all DFSV JSRs from July to In April 2019, a 30-year-old worker was killed as he assisted with the loading of an excavator onto a trailer. to testify, and no one can make you testify or give evidence against yourself. To withdraw your plea, you must show it was not knowingly and voluntarily made. NT WorkSafeactively enforces the law, prosecuting alleged offenders under the Work Health and Safety (National Uniform Legislation) Act 2011. 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. It is only by chance that Mr Morgan and passing members of the public escaped without injury. 22. You also have the constitutional right to represent yourself and to proceed without an attorney. 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. The company was fined $120,000, with an additional Victims Levy of $1000. This is a case where credit for your age is accommodated by the starting point. You have the right to counsel. afford to pay for the attendance of witnesses, the prosecution will pay those costs. 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. In addition, you have been found in possession of other weapons, as detailed in the PSR as recently as late September 2021. Decisions published in 2022 and onwards will be identified by court jurisdiction, being: A Northern Territory Supreme Court judge has warned of an emerging trend of sexual assault victimsbeing banished from their home communities. It works with various police The following is a summary of the completed prosecutions and the transcript of proceedings. 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. That guideline is particularly relevant given you were just 17 when you murdered Mr Francis. 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. 8. On 8 September 2020, Hewitt Cattle Australia was convicted and fined $30,000 after pleaded guilty to one breach of Section 32 for not ensuring the health and safety of workers they engaged. Infringement noticesarefines issued forfailing to comply with an improvement notice. The right to appeal is limited. 18. 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. 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. The law may provide ways to obtain some relief from these consequences. court decides you are guilty of a crime. Let the court know if you would like to determine whether you qualify for a court-appointed attorney. Court of Appeal The Court of Appeal deals exclusively with people challenging the decisions made by other courts or tribunals. Your browser is not supported by ANU web styles. verdict must be unanimous. If the defendant is WebThe Criminal Prosecution Division of the Provo City Attorneys Office prosecutes violations of law in the Provo Justice Court and the 4th District Court. 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. On the 4 August 2017 the defendant was convicted and fined $50,000 for a breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011. 33. 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. I impose an 8 year concurrent sentence. 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. After it is served, there is no guarantee that you will be released at that time, or at any particular time thereafter. The subcontractor driving a prime mover was never provided induction training or a site induction of the shopping centre. The victim also provided an impact statement to the court. One charge under section 39(1) of the Act for failing to preserve the site of an incident. In the higher courts, judges give their sentencing remarks verbally at the sentencing hearing. The fourth year electrical apprentice was electrocuted when he made contact with a live wire and was unable to be revived. On the 18 June 2012 Arafura Plumbing PTY LTD were found to be in breach of a notice prohibiting the transport and storage of flammable gas in enclosed vehicles. WITHDRAWAL OF PLEA / RIGHT TO APPEAL: This guide has information for people who are charged with an offence and have to go to a Youth Justice Court NTYJC Fax - (801) 852-6150, City Hall people in court. If the offense is one for which the court may impose jail time - even suspended jail time - and you cannot afford an attorney, the court will appoint an attorney to represent you. a court-appointed attorney, you still have the right to an attorney, but the attorney must then be retained at your own expense. 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. 445 W Center St Suite 300 Daily Courts Lists; List of Circuit Courts; Common Legal Terms Explained; Court appearances, orders and sentencing; Court Rules - Etiquette; Domestic Violence Both parties pleaded guilty and on 18 February 2021, Ridem Pty Ltd was convicted and fined $80,000 in additional to paying $40,000 as part of a court ordered Work Health and Safety Undertaking. 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. Again, I have taken particular account of your age. Justice Blokland added thiswas something that had also come upin the sentencing of a manin May. 28. The Northern Territory Local Court imposed the following penalties: In February 2019, a 43-year-old worker received a serious electrical shock after accessing the resorts mechanical services switchboard.
