WebNorthern Territory Supreme Court Daily court lists Supreme Court Local Court Northern Territory Civil Administrative Tribunal Court decisions NT Supreme Court decisions 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. 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. Sentences back to 2001 are available on this website, but coverage may be selective. 4. 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. 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. 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. e) with the court's approval, no contest (a no-contest plea means you do not challenge the charge; it is still a conviction). 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). Remarks are published after revision by the Judge and remain on this page for approximately 5 years before being removed. You were born on 24 July 2002 and were therefore 17 years of age at the date of Mr Francis murder. Company director, Mr Jason Frank Madalena, faced charges under Section 27 of the Act. 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. 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. In this way, sentencing remarks promote consistency in sentencing. These types of documents can be a handy research tool in all manner of research. The law may provide ways to obtain some relief from these consequences. 22. Criminal To restrict the results to sentencing specific information use the Sentencing search field. In April 2019, a 30-year-old worker was killed as he assisted with the loading of an excavator onto a trailer. You will be expected to exhibit proper behavior before the judge and jury. The Right to Represent Yourself. 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. 5. https://libguides.anu.edu.au/criminal-law, Australian Current Law - Reporter (Lexis Advance). 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. There can be no explanation of this unless there was some pre-existing dispute. On the 10 April 2012 a worker sustained a workplace injury and was admitted as an inpatient at the Royal Darwin Hospital. It is clear that there must be substantial upward movement on 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. In the higher courts, judges give their sentencing remarks verbally at the sentencing hearing. 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. This is a case where credit for your age is accommodated by the starting point. "I feel it is something community leaders need to seriously reflect on," she said. I have read and I understand the foregoing rights and instructions. At the end of a sentencing hearing, the judge or magistrate summarises the case, imposes a sentence and outlines the reasons for the sentence. 34. 28. Digital copies of recordings are available from the Magistrates Court for a fee. Both Titan Plant Hire Pty Ltd and Mr Madalena had convictions recorded. 17. 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. Justice Blokland added thiswas something that had also come upin the sentencing of a manin May. 33. "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. 445 W Center St Suite 300 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. 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 victim also provided an impact statement to the court. Similarly, significant County Court sentencing remarks are often published on the County Court website or AustLII. Given the above considerations, the court encourages you not to represent yourself. 30. 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. 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. At the end of this document you will choose how you This guide has information for people who are charged with an offence and have to go to a 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. 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. for future proceedings; and b) any other condition the court imposes. Before choosing this option you should consider the following risks and responsibilities associated with self-representation: Criminal defense is a highly specialized and technical area of the law. If you do not meet the eligibility guidelines to have WebSENTENCING REMARKS AND JUDGMENT ON THE CROWNS APPLICATION UNDER SECTION 5A OF THE PROTECTION FROM HARASSMENT ACT 1997 _____ The Honourable Mr Justice Saini: 1. 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. 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. 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. The remarks help the community, particularly the victim, to understand the process of sentencing. 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. Your refusal to testify cannot The YOS report makes very concerning reading. There may be factual, legal, or other defenses to the charge(s) that an attorney may be able to discover No force, threats, or unlawful influence have been made to get me to plead. 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 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. NT Supreme Court judge urges action to stop sexual assault victims being banished from their communities. The Northern Territory Government respectfully acknowledges the First Nations people of this country and recognises their continuing connections to their lands, waters and communities. I emphasis however, that I have not taken into account the dangerousness factor in determining the minimum term for murder. U.S. Magistrate Judge Dustin Pead accepted the guilty pleas to the two charges and set sentencing for May 23, 2018, before U.S. District Judge Tena 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. Springs OpCo Pty Ltd was fined $15,000; and. "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. more information on types Sentencing recommendations 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. You are not entitled to a jury trial if you are charged I understand that if I have questions about the effects of my plea on my immigration status, I should consult with an immigration attorney. I have read the moving VPS submitted by Naasir Francis mother and brother which has been prepared as the familys collective statement. A mandatory $1,500 victims levy was also imposed in relation to the finding of guilt. 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. 31. 10. Teeko Le on Tuesday 22 June 2021 you were convicted of a number of offences by the jury at Birmingham Crown On 9 October 2013 the defendant was convicted and fined $5,080 for a breach of section 19 and 197 of the Work Health and Safety (National Uniform Legislation) Act 2011. Your browser is not supported by ANU web styles. They have lost a man who had become the guardian angel of this loving family. 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. The court cannot advise you on how to proceed with or try your case. a court-appointed attorney, you still have the right to an attorney, but the attorney must then be retained at your own expense. Recordings are retained for 12 months from the date of the hearing. He was a young man taken from a caring and loving family in the prime of his life. 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. 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. Sentencing recommendations are not binding on the court. You may refuse The court may order the sentence to run consecutively (one after the other) with the charges in this case and with any other case. However, I must then consider what aggravating and mitigating factors exist in order to determine the appropriate minimum term. The following is a summary of The remarks are recorded to audio, and any party to the proceeding may apply for a copy. The worker was killed when an excavator bucket dislodged and struck the worker. WebCourt 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. Standing back, I am of the view that the appropriate minimum term is one of 20 years. However, the fact that there was a spontaneous outbreak of armed violence between to the 2 groups is clear on the footage. Your risk of causing serious harm to others is assessed as very high; 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. An attorney could advise you aboutthose consequences. The vicious nature of the attack on an unarmed man cornered by you and Mr Donovan-Harris, which I have already explained. 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. 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. Any statement you make may be used against you. Responsible Officer: University Librarian/Page Contact: Library Systems & Web Coordinator, +61 2 6125 5111 Electronic Signature Agreement: By typing your signature below you are signing this document electronically. I turn to the facts surrounding the offences committed on the day, 22 August 2020, that Mr Francis was killed. 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. Your sentence will depend on many different factors. WebThe Criminal Prosecution Division of the Provo City Attorneys Office prosecutes violations of law in the Provo Justice Court and the 4th District Court. 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. 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. 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). It works with various police agencies, victims, witnesses, defendants, clerks, attorneys, and others to resolve cases in the interests of justice. 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. 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. reference to the purpose or purposes that the judge or magistrate intends the sentence to achieve. I consider that your age as it relates to maturity is of limited relevance in this case. WARNING: Sentencing Remarks deal with the sentences imposed for crimes. 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). Please enter a valid zipcode. In theChildrens Court, the magistrate gives their sentencing remarks verbally at the sentencing hearing. Bail may be modified on proper motion, 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. It was a regular practice by workers to access the switchboard to reset circuit breakers and gas isolators. 21. Suspended Sentences and Other Abolished Orders, Sentence Types for Children and Young People, Youth Justice Centre Order and Youth Residential Centre Order, General Trends in Sentencing for Victorian Courts, General Trends for Imprisonment and Community Orders, Australasian Legal Information Institute (AustLII) website, Creative Commons Attribution 4.0 International License, a summary of the offence, including aggravating and mitigating circumstances, relevant factors about the offender, including their background and prospects for rehabilitation, reference to the impact of the offence on any victim(s). Russian girl who drew anti-war picture sent to orphanage Being unable to get or keep some licenses, permits or jobs. Let the court know if you would like to determine whether you qualify for a court-appointed attorney. (iii) I also accept there was no premeditation. of courts and their roles. Being required to submit to a mandatory test to determine if the offender is an HIV positive individual (if the offense involves sexual solicitation.). 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. "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. When sentencing an offender who haspleaded guilty, the judge or magistrate usually includes a statement indicating what the sentence would have been had the offender not pleaded guilty. It is then only, if the Parole Board decides you are fit to be released, that you will be released. A Northern Territory Supreme Court judge has warned of an emerging trend of sexual assault victimsbeing banished from their home communities. After it is served, there is no guarantee that you will be released at that time, or at any particular time thereafter. Reasons for a sentence can help influence how similar cases might be decided in future. be held against you. 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). I do not consider the ADHD medical evidence to be material to your particular offending. To do this we reviewed Judicial Sentencing Remarks (JSRs) from the Supreme Court of the NT. These may include: Additional penalties from the Utah Driver's License Division including, but not limited to, the suspension of your license, requirement to take specific education courses or being required to carry SR22 insurance. 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. 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 right to appeal is limited. Supreme Court sentencing remarks are usually published on theSupreme Court websiteand/or the Australasian Legal Information Institute (AustLII) website. The statutory surcharge will be added to the record. * Notification to Stakeholders and explain to you. 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. 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. This field is for validation purposes and should be left unchanged. If you want a jury trial, you must 19. 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. NT WorkSafeactively enforces the law, prosecuting alleged offenders under the Work Health and Safety (National Uniform Legislation) Act 2011. Such statements are required under section 6AAA of theSentencing Act 1991(Vic). 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. 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. 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 have the right to call witnesses and compel by subpoena their attendance and testimony.
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