I consider this to be a material consideration. The court cannot advise you on how to proceed with or try your case. Decisions | NT Local Courts (3) Judgment of Not Guilty or Discharge. Any statement you make may be used against you. 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 risk of causing serious harm to others is assessed as very high; of courts and their roles. 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 most serious of these offences were the murder of Naasir Francis and the attempted murder of Mr Franciss friend, Lawrence Morgan. make a written demand at least 10 days prior to trial. Please be advised that the NT Local Court has implemented a new citation Experiences of trauma and alcohol and other drug use by You will be expected to exhibit proper behavior before the judge and jury. Provo, UT 84601. 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. It works with various police R -v- LE Sentencing remarks - Courts and Tribunals 1. 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. You agree your electronic signature is the legal equivalent of your manual signature on this document. 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. However, I must then consider what aggravating and mitigating factors exist in order to determine the appropriate minimum term. 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. The worker was killed when an excavator bucket dislodged and struck the worker. reference to the purpose or purposes that the judge or magistrate intends the sentence to achieve. The court said the next day the pair attacked two guards from behind as they were entering an office. Court cases, orders and sentencing | NT.GOV.AU Decisions published in 2022 and onwards will be identified by court jurisdiction, being: WebThe Supreme Court is the highest court in the Northern Territory and deals with civil and criminal matters as well as appeals. A jury These are serious offences in their own right although committed in the same course of criminal conduct. Utah Resident Pleads Guilty To Devising Scheme To Obtain QLD and NT most frequently violate children's rights under supervision. You also have the right to represent yourself. You can be given either: time in "She still struggles trying to get her life back. 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? 26. 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 withdraw your plea, you must show it was not knowingly and voluntarily made. 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). 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 In the higher courts, judges give their sentencing remarks verbally at the sentencing hearing. You also have the constitutional right to represent yourself and to proceed without an attorney. The following is a summary of Outback Ballooning was convicted of breaching section 32 of the Act and the conviction was recorded. They will only be retained on this website for a period of 28 days from the date of sentence. Your sentence will depend on many different factors. WebSearch Australian Court Records Search for court records in Australia. On 8 April 2017, a worker was injured when they fell 3-metres onto a concrete floor. You have the right to counsel. verdict must be unanimous. 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. As stated in the PSR from the Surrey Youth Offending Service: a. The court may order the sentence to run consecutively (one after the other) with the charges in this case and with any other case. It is only by luck that no innocent members of the public in this busy area of Birmingham at lunchtime that day were not also shot. 19. 2023 Northern Territory Government of Australia, URL: https://nt.gov.au/law/courts-and-tribunals/court-cases-orders-and-sentencing Titan Plant Hire Pty Ltd was fined $960,000. 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. NT WorkSafe is a division of the Department of Attorney-General and Justice. 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. 35. You have the right to a speedy public trial before an impartial jury. The PSR makes clear that you show no remorse. I understand the charge(s) and penalties. Please enter a valid zipcode. Experiences of trauma and alcohol and other drug use by You are presumed innocent until: a) you plead guilty or no contest; or b) the prosecution proves you guilty. 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. 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, "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. "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. 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. I emphasis however, that I have not taken into account the dangerousness factor in determining the minimum term for murder. 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. The fourth year electrical apprentice was electrocuted when he made contact with a live wire and was unable to be revived. One charge under section 39(1) of the Act for failing to preserve the site of an incident. Court of Appeal The Court of Appeal deals exclusively with people challenging the decisions made by other courts or tribunals. Being unable to own or possess a firearm or ammunition (if the offense involves domestic violence). 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. These steps and procedures are summarized below: Main Office - (801) 852-6140 be held against you. Sentences back to 2001 are available on this website, but coverage may be selective. It is then only, if the Parole Board decides you are fit to be released, that you will be released. The historic offences occurred in 2005, when the victim was 13 or 14 years old. 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. Supreme Court NT The remarks help the community, particularly the victim, to understand the process of sentencing. 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. 5. Sentencing decisions - Criminal Law & Criminal Justice The remarks help offenders to understand why they have received a particular sentence. 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). 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 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. 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. (iii) The large number of shots fired by you and the timing and location of the offence, namely the middle of the day in Birmingham and the consequent high risk posed by your actions to members of the public. Men who carried out brutal, six-hour attack on prison guard over Mr Belfield, on 5 August 2022, following a 5 week trial here at Nottingham Crown Court the jury convicted you on 4 counts. 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. NT WorkSafeactively enforces the law, prosecuting alleged offenders under the Work Health and Safety (National Uniform Legislation) Act 2011. SENTENCING: We pay our respects to the Aboriginal and Torres Strait Islander cultures, and to their leaders past, present and emerging. As at the date of this sentencing hearing, you are 18 years of age. 28. CRICOS Provider : 00120C (v) The disposal of evidence: gun and phones. Sentencing remarks will usually appear on the website within 48 hours of delivery in court and will remain on there for 28 days. 27. Recent Trial Division Judgments (including sentences) are available from the Recent Trial Division Judgments link. You are not entitled to a jury trial if you are charged Prosecutors screen cases and decide what charges to file. On 16 July 2017 afuel truck driver died as a result of a vehicle rollover. 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. Sentencing Remarks | Supreme Court NT 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. 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. From finding people to background checks and due diligence. NT Supreme Court judge urges action to stop sexual assault victims being banished from their communities. notice, and findings. 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. court decides you are guilty of a crime. 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.). Springs OpCo Pty Ltd was fined $15,000; and. Criminal Division | City of Provo, UT Remarks are published after revision by the Judge and remain on this page for approximately 5 years before being removed. Bail may be modified on proper motion, If you do not meet the eligibility guidelines to have 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. would like to proceed at this time. 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. people in court. Which could include a higher fine, and/or the case being charged with a higher classification (misdemeanor or felony depending on the violation). A criminal conviction may result in consequences consisting of financial penalties and jail time. 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. 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. 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. Justice Blokland said this consequence was notfactored in the sentencing of Riley. On the 19 March 2018 the defendant was convicted and fined $135,000 for breaching section 32 and $7,000 for breaching section 38 of the Work Health and Safety (National Uniform Legislation) Act 2011. That means life imprisonment. Sentencing recommendations 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. Supreme Court sentencing remarks are usually published on theSupreme Court websiteand/or the Australasian Legal Information Institute (AustLII) website. This field is for validation purposes and should be left unchanged. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. To do this we reviewed Judicial Sentencing Remarks (JSRs) from the Supreme Court of the NT. Your refusal to testify cannot You have the right to call witnesses and compel by subpoena their attendance and testimony. On the 15 June 2014 a tourist was fatally injured when climbing down onto an overhanging ledge below Kestrel Falls look out. You continue to deny the offences and have given no indication of a desire to abandon violence. He was a young man taken from a caring and loving family in the prime of his life. 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. You have the right to testify on your behalf. "I feel it is something community leaders need to seriously reflect on," she said. 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). 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. To restrict the results to sentencing specific information use the Sentencing search field. Specialist courts which decide business, commercial, property and other chancery disputes and technology and construction disputes, both domestic and international. 22. Sentencing recommendations are not binding on the court. Electronic Signature Agreement: By typing your signature below you are signing this document electronically. Drone attack behind massive fire at Crimea fuel depot, says Justice Blokland said the victim's situation was made worse when she was forced to leave her home in a remote community. Men who carried out brutal, six-hour attack on prison guard over 24. 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 prosecution has the burden of proving each of the elements of the crime beyond a reasonable doubt. Follow NT Courts on Twitter Popular links Full Judges and magistrates use sentencing remarks to explain the reasons for the sentence to those involved in a case. 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. Infringement noticesarefines issued forfailing to comply with an improvement notice. We pay our respects to the Aboriginal and Torres Strait Islander cultures, and to their leaders past, present and emerging.