A court order or sentence is the punishment given to you by a judge if a (v) The disposal of evidence: gun and phones. 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. 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. We pay our respects to the Aboriginal and Torres Strait Islander cultures, and to their leaders past, present and emerging. 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. Courts Experiences of trauma and alcohol and other drug use by On this page you can search for written decisions by the Local Court Judges or Judicial Registrars in relation to particular court matters. The other Section 32 charge for failing to provide a safety system of work was withdrawn. Recent Trial Division Judgments (including sentences) are available from the Recent Trial Division Judgments link. I understand the charge(s) and penalties. Electronic Signature Agreement: By typing your signature below you are signing this document electronically. 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. Sentencing Remarks | Supreme Court NT There is very limited mitigation in your case and your Leading Counsel Mr Stone QC has been characteristically measured and realistic in this regard. Time spent on remand will be automatically deducted from the minimum term and may be done administratively. 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. people in court. 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. 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. Reasons for a sentence can help influence how similar cases might be decided in future. Prosecutions | NT WorkSafe While I hope she understands the broader community stands with her, it is regrettable that she cannot return to live in her home community.". sentencing remarks Young people are treated differently by the courts. A Northern Territory Supreme Court judge has warned of an emerging trend of sexual assault victimsbeing banished from their home communities. 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. A jury This field is for validation purposes and should be left unchanged. 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.). 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. Methods: A content analysis of all DFSV JSRs from July to Dec 2020 was undertaken (n = 64). Court of Appeal The Court of Appeal deals exclusively with people challenging the decisions made by other courts or tribunals. Methods: A content analysis of all DFSV JSRs from July to Mr Taylor was ordered to forfeit the Octopus Ride to the Northern Territory for destruction. The following is a summary of the completed prosecutions and the transcript of proceedings. 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. On the 10 April 2012 a worker sustained a workplace injury and was admitted as an inpatient at the Royal Darwin Hospital. Responsible Officer: University Librarian/Page Contact: Library Systems & Web Coordinator, +61 2 6125 5111 Given the above considerations, the court encourages you not to represent yourself. WebWe would like to show you a description here but the site wont allow us. You were born on 24 July 2002 and were therefore 17 years of age at the date of Mr Francis murder. To restrict the results to sentencing specific information use the Sentencing search field. Criminal Division | City of Provo, UT Fax - (801) 852-6150, City Hall Mr Le, I have considered the PSRs from Surrey YOS, and the helpful reports from a clinical neuropsychologist and from a psychiatrist. A guide to Australian criminal law, evidence, sentencing and criminology resources. On the 8 February 2012 a worker was killed when a 350kg pole fell from the tine of a skid steer loader and crushed him. 11. 27. However, release of a recording requires the signed authorisation of a judicial officer and payment of a fee. WebThe Supreme Court is the highest court in the Northern Territory and deals with civil and criminal matters as well as appeals. 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. 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. Justice Blokland said the victim's situation was made worse when she was forced to leave her home in a remote community. Specialist courts which decide business, commercial, property and other chancery disputes and technology and construction disputes, both domestic and international. 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. A mandatory $1,500 victims levy was also imposed in relation to the finding of guilt. 1. Where I state factual findings, I am sure of those facts based on the evidence I heard at trial. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. 30. 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. Justice Blokland added thiswas something that had also come upin the sentencing of a manin May. If you plead guilty, no contest, or are convicted of certain offenses, you may suffer additional legal consequences beyond any jail, probation or fines that the Court may order. Teeko Le on Tuesday 22 June 2021 you were convicted of a number of offences by the jury at Birmingham Crown Court. Mr Francis suffered two bullet wounds but the ballistics and CCTV evidence shows that Mr Le fired many rounds wildly in the direction of Mr Francis and Mr Morgan, as well as into the car. Your browser is not supported by ANU web styles. You have the constitutional right to be represented by an attorney throughout all proceedings. 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? Nevada The most serious of these offences were the murder of Naasir Francis and the attempted murder of Mr Franciss friend, Lawrence Morgan. 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. WARNING: Sentencing Remarks deal with the sentences imposed for crimes. Outback Ballooning was convicted of breaching section 32 of the Act and the conviction was recorded. 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 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. The chargers for failing to comply with Section 21 Tropickist and Mr O'Brien were withdrawn. 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. The Northern Territory Government respectfully acknowledges the First Nations people of this country and recognises their continuing connections to their lands, waters and communities. 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. Russian girl who drew anti-war picture sent to orphanage In the higher courts, judges give their sentencing remarks verbally at the sentencing hearing. 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. Being unable to own or possess a firearm or ammunition (if the offense involves domestic violence). 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 I impose an 8 year concurrent sentence. 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. 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. 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, 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. 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 Court cases, orders and sentencing | NT.GOV.AU Court Records I turn to the facts surrounding the offences committed on the day, 22 August 2020, that Mr Francis was killed. Supreme Court NT In this way, sentencing remarks promote consistency in sentencing. Such statements are required under section 6AAA of theSentencing Act 1991(Vic). 33. afford to pay for the attendance of witnesses, the prosecution will pay those costs. 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. 3. Criminal On the 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. WebNorthern Territory Supreme Court Daily court lists Supreme Court Local Court Northern Territory Civil Administrative Tribunal Court decisions NT Supreme Court decisions The YOS report makes very concerning reading. 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. There may have been some form of gang related dispute between your side and the Francis/Morgan side, but I can make no safe findings on that matter based on the evidence I have heard and ignore that potential context in my sentencing. It was a regular practice by workers to access the switchboard to reset circuit breakers and gas isolators. to testify, and no one can make you testify or give evidence against yourself. 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. Felony cases (more serious crimes than misdemeanors) are prosecuted by the Utah County Attorneys Office. 25. You have the right to testify on your behalf. At the end of this document you will choose how you 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. Accordingly, the sentence which the court imposes on you for the offence of murder is one of Detention at Her Majestys Pleasure pursuant to section 90 of the Powers of the Criminal Courts (Sentencing) Act 2000, and in accordance with section 269 and 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, is one of 20 years. You also have the constitutional right to represent yourself and to proceed without an attorney. A victims levy of $2,000 was also imposed. 24. Experiences of trauma and alcohol and other drug use by 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. 2023 Northern Territory Government of Australia, URL: https://nt.gov.au/law/courts-and-tribunals/court-cases-orders-and-sentencing/court-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. 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 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.
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