Standing back, I am of the view that the appropriate minimum term is one of 20 years. The prosecution has the burden of proving each of the elements of the crime beyond a reasonable doubt. 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. 21. I understand that if I have questions about the effects of my plea on my immigration status, I should consult with an immigration attorney. There may be factual, legal, or other defenses to the charge(s) that an attorney may be able to discover No transcripts of the hearings are published. 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. 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. The court cannot advise you on how to proceed with or try your 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. 9. 20. Recent Trial Division Judgments (including sentences) are available from the Recent Trial Division Judgments link. WebTo do this we reviewed Judicial Sentencing Remarks (JSRs) from the Supreme Court of the NT. Titan Plant Hire Pty Ltd was fined $960,000. 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. Young people are treated differently by the courts. Company director, Mr Jason Frank Madalena, faced charges under Section 27 of the Act. 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). to testify, and no one can make you testify or give evidence against yourself. 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 PSR makes clear that you show no remorse. 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. 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. All three defendants entered an early guilty plea and on 12 October 2021, the Northern Territory Local Court in Alice Springs issued the following fines: On 13 April 2019, an 18 year old worker was severely burnt when he attempted to cut a 44-gallon Avgas drum with an angle grinder, when the drum exploded. On the 23 June 2016 the defendant was convicted and fined $140,000 for a breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011. I impose a concurrent sentence of 10 years in respect of count 6, bearing in mind your age in particular. Such statements are required under section 6AAA of theSentencing Act 1991(Vic). 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. Details concerning this right are covered on the second sheet of this form. Russian girl who drew anti-war picture sent to orphanage In theMagistrates Court, the magistrates sentencing remarks are recorded to audio but not transcribed. The Australian National University, Canberra A criminal conviction may result in consequences consisting of financial penalties and jail time. (C) the adjudication and sentence. You were born on 24 July 2002 and were therefore 17 years of age at the date of Mr Francis murder. 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.). It is possible you may never be released. Find out more information on young Mr ODonnell was convicted and fined $40,000, and was ordered by the court to complete hazard identification and management training, as well as due diligence training. 19. Sentencing remarks will usually appear on the website within 48 hours of delivery in court and will remain on there for 28 days. The subcontractor driving a prime mover was never provided induction training or a site induction of the shopping centre. 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. 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. 17. Legislation, suppression orders or other restrictions may mean that some sentencing remarks cannot be published. Time spent on remand will be automatically deducted from the minimum term and may be done administratively. It was a regular practice by workers to access the switchboard to reset circuit breakers and gas isolators. "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. On the 15 June 2014 a tourist was fatally injured when climbing down onto an overhanging ledge below Kestrel Falls look out. 27. The Right to Represent Yourself. (ii) Reference was made to your limited offending history. Daily Court Lists | NT Local Courts 16. Infringement noticeshave beenissuedto the following industry sectors. This was an execution. 22. "I feel it is something community leaders need to seriously reflect on," she said. He was a young man taken from a caring and loving family in the prime of his life. 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. The YOS report makes very concerning reading. WebDepartment of Sentencing Policy About the Department (NDSP) Nevada Sentencing Commission (NSC) Nevada Local Justice Reinvestment Coordinating Council (NLJRCC) QLD and NT most frequently violate children's rights under supervision. Your sentence will depend on many different factors. Find out more information onsentencing and community work. 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. 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. 2023 Northern Territory Government of Australia, Policy on inappropriate workplace conduct, About sentencing remarks & publication policy. Courts, daily lists and decisions | Department of the Reasons for a sentence can help influence how similar cases might be decided in future. In this way, sentencing remarks promote consistency in sentencing. They can also help an appellate court (a court that hears appeals) determine if any errors were made in the sentencing process. Are Sentencing Remarks Made Available to the Public? 4. I emphasis however, that I have not taken into account the dangerousness factor in determining the minimum term for murder. Court cases, orders and sentencing | NT.GOV.AU Home Your rights, crime and the law Courts and tribunals Court cases, orders and sentencing Court cases, Being required to submit to a mandatory test to determine if the offender is an HIV positive individual (if the offense involves sexual solicitation.). A guide to Australian criminal law, evidence, sentencing and criminology resources. The fourth year electrical apprentice was electrocuted when he made contact with a live wire and was unable to be revived. 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. c. You are assessed as very likely to commit further offences, either during your custodial sentence or once released into the community and you are regarded as posing a significant risk to members of the public through the commission of serious specified offences. 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. At the end of a sentencing hearing, the judge or magistrate summarises the case, imposes a sentence and outlines the reasons for the sentence. e) with the court's approval, no contest (a no-contest plea means you do not challenge the charge; it is still a conviction). In theChildrens Court, the magistrate gives their sentencing remarks verbally at the sentencing hearing. Kaohsiungs Chen Chih-chung loses seat, sentenced - Taipei Times (v) The disposal of evidence: gun and phones. This field is for validation purposes and should be left unchanged. "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. 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). 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. Provo, UT 84601. 33. On 25 September 2019, Probuild (NT) Pty Ltd was convicted and fined a total of $30,000 and the mandatory victim's levy of $1,000 after pleading guilty to the charges. SENTENCING: Local Court NTLC 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. 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). The remarks are recorded to audio, and any party to the proceeding may apply for a copy. The historic offences occurred in 2005, when the victim was 13 or 14 years old. The murder of Mr Francis and the attempted murder of Mr Morgan was captured on clear CCTV footage. I have read and I understand the foregoing rights and instructions. You have the constitutional right to be represented by an attorney throughout all proceedings. For that reason, and depending on the nature of the crime, remarks may contain graphic accounts which some people may find confronting. reference to the purpose or purposes that the judge or magistrate intends the sentence to achieve. 7. 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. Mr Le, I have considered the PSRs from Surrey YOS, and the helpful reports from a clinical neuropsychologist and from a psychiatrist. 35. 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. Mr Kerr was ordered to pay the injured worker $20,000. To do this we reviewed Judicial Sentencing Remarks (JSRs) from the Supreme Court of the NT. The chargers for failing to comply with Section 21 Tropickist and Mr O'Brien were withdrawn. Judges and magistrates use sentencing remarks to explain the reasons for the sentence to those involved in a case. I have read the moving VPS submitted by Naasir Francis mother and brother which has been prepared as the familys collective statement. Prosecutions | NT WorkSafe 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. You will be expected to exhibit proper behavior before the judge and jury. Any statement you make may be used against you. The company was fined $120,000, with an additional Victims Levy of $1000. If you plead guilty or no contest, these rights are waived, and your plea constitutes an admission of all the elements of the crime. As stated in the PSR from the Surrey Youth Offending Service: a. The remarks were made during a sentencing hearing in Alice Springs on June 9, 2021. Please enter a valid zipcode. After it is served, there is no guarantee that you will be released at that time, or at any particular time thereafter. "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. Youth Justice Court NTYJC "I sincerely hope the victim receives the support she clearly needs and deserves. 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. only with an infraction. 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. Given the above considerations, the court encourages you not to represent yourself. 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. make a written demand at least 10 days prior to trial. You have the right to call witnesses and compel by subpoena their attendance and testimony. I have considered the evidence from the expert witnesses in the PSRs concerning your maturity and development. 31. The victim also provided Please be advised that the NT Local Court has implemented a new citation A jury If you exercise your right to proceed without the services of an attorney, you are responsible for complying with the rules of court, including rules of evidence and other rules of procedure. of courts and their roles. 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. 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. The sentencing remarks are recorded and transcribed. Springs OpCo Pty Ltd was fined $15,000; and. WARNING: Sentencing Remarks deal with the sentences imposed for crimes. 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.

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