On 30 July 2020, Mr Watts was convicted and fined $4,000 after pleading guilty to one breach of Section 155 of theWork Health and Safety (National Uniform Legislation) Act 2011 (the WHS Act) for (without reasonable excuse) failing to comply with a written notice to produce documents and information. 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. 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. 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. In this way, sentencing remarks promote consistency in sentencing. 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. 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. * Notification to Stakeholders This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. No transcripts of the hearings are published. In addition, you have been found in possession of other weapons, as detailed in the PSR as recently as late September 2021. A mandatory $1,500 victims levy was also imposed in relation to the finding of guilt. Reasons for a sentence can help influence how similar cases might be decided in future. Prosecutors screen cases and decide what charges to file. Includes both recent and historical sources. Sentencing remarks of the Honourable Mr Justice Saini. The victim also provided an impact statement to the court. I impose an 8 year concurrent sentence. 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. I have considered the evidence from the expert witnesses in the PSRs concerning your maturity and development. "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. 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. "You c****s are Where sentencing remarks are available, a court may remove personal data or identifying information. 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. 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. It was a regular practice by workers to access the switchboard to reset circuit breakers and gas isolators. WebNT WorkSafe actively enforces the law, prosecuting alleged offenders under the Work Health and Safety (National Uniform Legislation) Act 2011. The following is a summary of the completed prosecutions and the transcript of proceedings. 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. Given the above considerations, the court encourages you not to represent yourself. Your refusal to testify cannot Please enable JavaScript in your browser for a better user experience. 30. On this page you can search for written decisions by the Local Court Judges or Judicial Registrars in relation to particular court matters. 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. 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 judge or the magistrate makes their sentencing remarks in open court for anyone in the court, including media, to hear. This field is required. You have the right to a speedy public trial before an impartial jury. These types of documents can be a handy research tool in all manner of research. 22. 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. Mr Kerr was convicted of two breaches of section 31 (reckless conduct) of the Act and the convictions were recorded; Mr Kerr was given a two year good behaviour bond; and. 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 2. As stated in the PSR from the Surrey Youth Offending Service: a. Justice Blokland said this consequence was notfactored in the sentencing of Riley. The company was fined $120,000, with an additional Victims Levy of $1000. I understand the charge(s) and penalties. 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 chargers for failing to comply with Section 21 Tropickist and Mr O'Brien were withdrawn. Standing back, I am of the view that the appropriate minimum term is one of 20 years. I turn to the facts surrounding the offences committed on the day, 22 August 2020, that Mr Francis was killed. 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. These are serious offences in their own right although committed in the same course of criminal conduct. Any statement you make may be used against you. Sentencing recommendations are not binding on the court. It works with various police 23. 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. The statutory surcharge will be added to the record. Any plea I enter is voluntary and of my own free will and choice. 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). I do not consider the ADHD medical evidence to be material to your particular offending. I consider that your age as it relates to maturity is of limited relevance in this case. 17. The Northern Territory Government respectfully acknowledges the First Nations people of this country and recognises their continuing connections to their lands, waters and communities. The prosecution has the burden of proving each of the elements of the crime beyond a reasonable doubt. Justice Blokland added thiswas something that had also come upin the sentencing of a manin May. Please be advised that the NT Local Court has implemented a new citation However, release of a recording requires the signed authorisation of a judicial officer and payment of a fee. You are presumed innocent until: a) you plead guilty or no contest; or b) the prosecution proves you guilty. Remarks are published after revision by the Judge and remain on this page for approximately 5 years before being removed. (v) The disposal of evidence: gun and phones. You continue to deny the offences and have given no indication of a desire to abandon violence. Find out more information on going to prison. "I feel it is something community leaders need to seriously reflect on," she said. 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. If You Cannot Afford an Attorney. Being unable to get or keep benefits such as public housing or education. and explain to you. 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. 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? 35. On 3 June 2016, a fruit picker was found deceased as a result of a motor vehicle rollover. No force, threats, or unlawful influence have been made to get me to plead. Hewitt Cattle Australia was charged with one breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) for failing their primary duty of care, and one breach of section 38 of the Act for failing to notify NT WorkSafe of a notifiable incident. 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. to testify, and no one can make you testify or give evidence against yourself. 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. https://libguides.anu.edu.au/criminal-law, Australian Current Law - Reporter (Lexis Advance). On the 7 October 2016, a man was killed after falling asleep in the loading dock area of Hibiscus Shopping Centre. 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. The information remains on the web site for one month before being removed. On the 10 April 2012 a worker sustained a workplace injury and was admitted as an inpatient at the Royal Darwin Hospital. 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. WebThe Supreme Court is the highest court in the Northern Territory and deals with civil and criminal matters as well as appeals. The court may order the sentence to run consecutively (one after the other) with the charges in this case and with any other case. 2023 Northern Territory Government of Australia, URL: https://nt.gov.au/law/courts-and-tribunals/court-cases-orders-and-sentencing/court-orders-and-sentencing A court order or sentence is the punishment given to you by a judge if a I impose a concurrent sentence of 10 years in respect of count 6, bearing in mind your age in particular. 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. 25. 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. The historic offences occurred in 2005, when the victim was 13 or 14 years old. You also have the constitutional right to represent yourself and to proceed without an attorney. If you want a jury trial, you must CRICOS Provider : 00120C 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. Decisions published in 2022 and onwards will be identified by court jurisdiction, being: At the end of a sentencing hearing, the judge or magistrate summarises the case, imposes a sentence and outlines the reasons for the sentence. The judge or the magistrate makes their sentencing remarks in open court for anyone in the court, including media, to hear. What Do Sentencing Remarks Contain? 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 court cannot advise you on how to proceed with or try your case. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), abc.net.au/news/supreme-court-judge-blokland-sexual-assault-victims-banished/100216398, Jock Zonfrillo remembered as an 'incredible chef' and icon of Australia's culinary landscape, Jock Zonfrillo, celebrated chef and judge on MasterChef Australia, dies aged 46, Major route into the Kokoda track appears to have been blockaded amid tour operator feud, Russian freight train derails after being hit by explosive device, governor says, Tony Abbott mounts attack on Voice after a spat with parliamentary committee, 'The worm goes global': Rita Ora wowed by Adelaide lobbyist's dancefloor moves, Female teacher admits sexual offences against teen student, fights 10 other charges, New Zealand PM in favour of country becoming a republic, US authorities 'auction' First Republic Bank after second biggest bank failure in history, A sexual assault survivor went 'cop-shopping' to find Detective Engels who says no-one should have to, Nurse driving home from shift among victims of triple-fatal crash involving allegedly stolen car, Lauren Cranston jailed for eight years over one of Australia's biggest tax frauds, 'They will forever know their dad was a hero': 1,000 mourners farewell slain NSW paramedic, Family of man shot dead by police question why they weren't called in to help, There are 11 First Nations MPs and senators. 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 16 July 2017 afuel truck driver died as a result of a vehicle rollover. Judges and magistrates use sentencing remarks to explain the reasons for the sentence to those involved in a case. These steps and procedures are summarized below: Main Office - (801) 852-6140 The Australian National University, Canberra 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. 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). 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. On Count 5 you were Your sentence will depend on many different factors. We pay our respects to the Aboriginal and Torres Strait Islander cultures, and to their leaders past, present and emerging. PENALTIES (MINIMUM / MAXIMUM SENTENCES): court decides you are guilty of a crime. The YOS report makes very concerning reading. I understand that if I have questions about the effects of my plea on my immigration status, I should consult with an immigration attorney. 14. This guide has information for people who are charged with an offence and have to go to a only with an infraction. 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, Russian girl who drew anti-war picture sent to orphanage Justice Blokland said the victim's situation was made worse when she was forced to leave her home in a remote community. 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. of courts and their roles. 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. You can be given either: time in This is a case where credit for your age is accommodated by the starting point. 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). 11. 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. 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. There may be factual, legal, or other defenses to the charge(s) that an attorney may be able to discover WebSearch Australian Court Records Search for court records in Australia. 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. 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. 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. 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 "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. The section 38 breach for failing to notify NT WorkSafe of a notifiable incident was withdrawn. You have a number of relevant convictions but nothing approaching the seriousness of the present offences. Teeko Le on Tuesday 22 June 2021 you were convicted of a number of offences by the jury at Birmingham Crown 13. WebWe would like to show you a description here but the site wont allow us. be held against you. The remarks help offenders to understand why they have received a particular sentence. Receiving a harsher sentence if you are convicted of a similar offense in the future. 33. 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). 445 W Center St Suite 300 Methods: A content analysis of all DFSV JSRs from July to To do this we reviewed Judicial Sentencing Remarks (JSRs) from the Supreme Court of the NT. A guide to Australian criminal law, evidence, sentencing and criminology resources. Specialist courts which decide business, commercial, property and other chancery disputes and technology and construction disputes, both domestic and international. Fax - (801) 852-6150, City Hall In April 2019, a 30-year-old worker was killed as he assisted with the loading of an excavator onto a trailer. 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. I have read the moving VPS submitted by Naasir Francis mother and brother which has been prepared as the familys collective statement. Please enter a valid zipcode. "I sincerely hope the victim receives the support she clearly needs and deserves. 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. 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. 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. Mr Belfield, on 5 August 2022, following a 5 week trial here at Nottingham Crown Court the jury convicted you on 4 counts. Time spent on remand will be automatically deducted from the minimum term and may be done administratively. 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. The vicious nature of the attack on an unarmed man cornered by you and Mr Donovan-Harris, which I have already explained. I have read and I understand the foregoing rights and instructions. ABN : 52 234 063 906. 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. 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. To withdraw your plea, you must show it was not knowingly and voluntarily made. That guideline is particularly relevant given you were just 17 when you murdered Mr Francis. WARNING: Sentencing Remarks deal with the sentences imposed for crimes. 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. Being required to submit to a mandatory test to determine if the offender is an HIV positive individual (if the offense involves sexual solicitation.). (ii) Reference was made to your limited offending history. 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. 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.
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