10. 31. Outback Ballooning was convicted of breaching section 32 of the Act and the conviction was recorded. Experiences of trauma and alcohol and other drug use by I impose a concurrent sentence of 10 years in respect of count 6, bearing in mind your age in particular. If you plead guilty or no contest, these rights are waived, and your plea constitutes an admission of all the elements of the crime. WebTo do this we reviewed Judicial Sentencing Remarks (JSRs) from the Supreme Court of the NT. It works with various police Please enable JavaScript in your browser for a better user experience. 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. 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. 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. b. 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. There may be factual, legal, or other defenses to the charge(s) that an attorney may be able to discover 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. would like to proceed at this time. On the 24 March 2015 a worker was seriously injured whilst shredding trees and palm fronds in preparation for an approaching cyclone. Prosecutions | NT WorkSafe Again, I have taken particular account of your age. 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. As most jurisdictions only display their sentencing decisions for a limited period of time, you may be beneficial to use the Australian Current Law - Reporter on LexisNexis AU. criminal court. 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. 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. Where I state factual findings, I am sure of those facts based on the evidence I heard at trial. The YOS report makes very concerning reading. Fax - (801) 852-6150, City Hall The remarks were made during a sentencing hearing in Alice Springs on June 9, 2021. 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. 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. Methods: A content analysis of all DFSV JSRs from July to Dec 2020 was undertaken (n = 64). I understand the charge(s) and penalties. Prosecutors screen cases and decide what charges to file. The Australian National University, Canberra be held against you. Recordings are retained for 12 months from the date of the hearing. On 16 July 2017 afuel truck driver died as a result of a vehicle rollover. It is only by chance that Mr Morgan and passing members of the public escaped without injury. If you wish to receive further information about these possible consequences, you are encouraged to talk with an attorney. NT Supreme Court judge urges action to stop sexual assault Where sentencing remarks are available, a court may remove personal data or identifying information. Responsible Officer: University Librarian/Page Contact: Library Systems & Web Coordinator, +61 2 6125 5111 I have read and I understand the foregoing rights and instructions. A victims levy of $2,000 was also imposed. 22. Sentencing remarks will usually appear on the website within a day or two of delivery in court and will remain for four weeks. PENALTIES (MINIMUM / MAXIMUM SENTENCES): I have considered the evidence from the expert witnesses in the PSRs concerning your maturity and development. From finding people to background checks and due diligence. 28. 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 court cannot advise you on how to proceed with or try your case. verdict must be unanimous. 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. The statutory surcharge will be added to the record. 2023 Northern Territory Government of Australia, URL: https://nt.gov.au/law/courts-and-tribunals/court-cases-orders-and-sentencing 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. 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. e) with the court's approval, no contest (a no-contest plea means you do not challenge the charge; it is still a conviction). 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. 13. 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. A guide to Australian criminal law, evidence, sentencing and criminology resources. The vicious nature of the attack on an unarmed man cornered by you and Mr Donovan-Harris, which I have already explained. Both Titan Plant Hire Pty Ltd and Mr Madalena had convictions recorded. Follow NT Courts on Twitter Popular links Full If you do not meet the eligibility guidelines to have 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. It was a regular practice by workers to access the switchboard to reset circuit breakers and gas isolators. The other Section 32 charge for failing to provide a safety system of work was withdrawn. Sentencing Remarks | Supreme Court NT Springs OpCo Pty Ltd as the operator of the accommodation establishment, was charged with one breach under Section 32 of the Act, for failing to ensure the health and safety of their worker. 19. Your refusal to testify cannot 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. to testify, and no one can make you testify or give evidence against yourself. "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 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. 18. You have the constitutional right to be represented by an attorney throughout all proceedings. However, the fact that there was a spontaneous outbreak of armed violence between to the 2 groups is clear on the footage. Being unable to own or possess a firearm or ammunition (if the offense involves domestic violence). I understand that if I have questions about the effects of my plea on my immigration status, I should consult with an immigration attorney. 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. That means life imprisonment. 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). Sentences back to 2001 are available on this website, but coverage may be selective. 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. For that reason, and depending on the nature of the crime, remarks may contain graphic accounts which some people may find confronting. The defendant was also ordered to pay a victim levy and costs totalling $3,500. 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. You have the right to testify on your behalf. courts in the Northern Territory (NT) are: Find out The victim also provided 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. 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. Your risk of re-offending is assessed as high; While I hope she understands the broader community stands with her, it is regrettable that she cannot return to live in her home community.". 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. (ii) Reference was made to your limited offending history. 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. At the end of this document you will choose how you 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. To do this we reviewed Judicial Sentencing Remarks (JSRs) from the Supreme Court of the NT. 21. 32. The judge or the magistrate makes their sentencing remarks in open court for anyone in the court, including media, to hear. On this page you can search for written decisions by the Local Court Judges or Judicial Registrars in relation to particular court matters. As stated in the PSR from the Surrey Youth Offending Service: a. only with an infraction. A jury 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. 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. We pay our respects to the Aboriginal and Torres Strait Islander cultures, and to their leaders past, present and emerging. Justice Blokland added thiswas something that had also come upin the sentencing of a manin May. CRICOS Provider : 00120C 34. 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. Each of the suspended sentences will be activated in full and again run concurrently. On 3 June 2016, a fruit picker was found deceased as a result of a motor vehicle rollover. The following is a summary of the completed prosecutions and the transcript of proceedings. 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. 3. You have been charged with the criminal offense(s) listed in the citation or information. Please be advised that the NT Local Court has implemented a new citation Sentencing decisions - Criminal Law & Criminal Justice make a written demand at least 10 days prior to trial. On count 2, I sentence you to a term of 17 months to be served concurrently with that sentence. Remarks are published after revision by the Judge and remain on this page for approximately 5 years before being removed. One charge under section 39(1) of the Act for failing to preserve the site of an incident. for future proceedings; and b) any other condition the court imposes. 1 May 2023, 9:24 pm. Rule 32: Sentence and Judgment. | Tennessee Administrative In this way, sentencing remarks promote consistency in 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. 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. Provides an index to decisions, judgements and case law from both federal and state courts. The company previously vigorously defended the charge on a technicality, arguing prosecutors filed the charge out of time, but the NT Supreme Court ruled the case could go ahead in early 2016. Justice Blokland said the victim's situation was made worse when she was forced to leave her home in a remote community. You have the right to confront and cross-examine the prosecution witnesses in open court. The remarks are recorded to audio, and any party to the proceeding may apply for a copy. I do not consider the ADHD medical evidence to be material to your particular offending. 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. SENTENCING: 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. At the end of a sentencing hearing, the judge or magistrate summarises the case, imposes a sentence and outlines the reasons for the sentence. You also have the constitutional right to represent yourself and to proceed without an attorney. In theMagistrates Court, the magistrates sentencing remarks are recorded to audio but not transcribed. 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. Judges and magistrates use sentencing remarks to explain the reasons for the sentence to those involved in a case. As at the date of this sentencing hearing, you are 18 years of age. 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. They have lost a man who had become the guardian angel of this loving family. You have the right to counsel. Let the court know if you would like to determine whether you qualify for a court-appointed attorney. The historic offences occurred in 2005, when the victim was 13 or 14 years old. 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 continue to deny the offences and have given no indication of a desire to abandon violence. Court of Appeal The Court of Appeal deals exclusively with people challenging the decisions made by other courts or tribunals. Enquiries proved that the company never held a insurance policy or indemnity from an approved insurer, nor did they notify NT WorkSafe of the incident. 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. 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.). Sustainability and Natural Resources Committee, Removal of Memorial on Kiwanis Park Fence, Planning Commission Administrative Hearings, Transportation and Mobility Advisory Committee, Report Website Issue / Submit Web Suggestion. The section 38 breach for failing to notify NT WorkSafe of a notifiable incident was withdrawn. You appear to be using Internet Explorer 7, or have compatibility view turned on. 25. 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. The Right to an Attorney. 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. notice, and findings. Such statements are required under section 6AAA of theSentencing Act 1991(Vic). No force, threats, or unlawful influence have been made to get me to plead. The Right to Represent Yourself. 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. Company director, Mr Jason Frank Madalena, faced charges under Section 27 of the Act. Find out more information onsentencing and community work. Given the above considerations, the court encourages you not to represent yourself. I have read the moving VPS submitted by Naasir Francis mother and brother which has been prepared as the familys collective statement. 20. 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. You also have the right to represent yourself. Provo, UT 84601. The fourth year electrical apprentice was electrocuted when he made contact with a live wire and was unable to be revived. 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. Courts, daily lists and decisions | Department of the 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. of courts and their roles. 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. Drone attack behind massive fire at Crimea fuel depot, says 15. WebDepartment of Sentencing Policy About the Department (NDSP) Nevada Sentencing Commission (NSC) Nevada Local Justice Reinvestment Coordinating Council (NLJRCC) 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.