nt court sentencing remarks

445 W Center St Suite 300 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 structured coding instrument was developed to extract quantitative and qualitative variables through repeated reviews by multiple authors. WebThe Criminal Prosecution Division of the Provo City Attorneys Office prosecutes violations of law in the Provo Justice Court and the 4th District Court. If the defendant is verdict must be unanimous. 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. "I feel it is something community leaders need to seriously reflect on," she said. On the 10 April 2012 a worker sustained a workplace injury and was admitted as an inpatient at the Royal Darwin Hospital. We pay our respects to the Aboriginal and Torres Strait Islander cultures, and to their leaders past, present and emerging. 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. 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. They can also help anappellate court(a court that hears appeals) determine if any errors were made in the sentencing process. (ii) Your convictions for attempted murder of Mr Morgan and possession of a firearm with intent to endanger life. I have read and I understand the foregoing rights and instructions. Youth Justice Court NTYJC I consider that your age as it relates to maturity is of limited relevance in this case. 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. The information remains on the web site for one month before being removed. 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. 5. 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 understand the charge(s) and penalties. 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? On the 26 March 2019, Glen Cameron was fined $154,000 and the mandatory victim's levy of $1,000 for breaching section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011. 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. Your risk of causing serious harm to others is assessed as very high; Standing back, I am of the view that the appropriate minimum term is one of 20 years. The remarks are recorded to audio, and any party to the proceeding may apply for a copy. 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. Prosecutors screen cases and decide what charges to file. Young people are treated differently by the courts. Methods: A content analysis of all DFSV JSRs from July to Dec 2020 was undertaken (n = 64). more information on types notice, and findings. 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. 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. WebSENTENCING REMARKS AND JUDGMENT ON THE CROWNS APPLICATION UNDER SECTION 5A OF THE PROTECTION FROM HARASSMENT ACT 1997 _____ The Honourable Mr Justice Saini: 1. 13. You have been charged with the criminal offense(s) listed in the citation or information. If you post bail, you will be released on : a) the condition you appear in court 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. I consider this to be a material consideration. There is very limited mitigation in your case and your Leading Counsel Mr Stone QC has been characteristically measured and realistic in this regard. That means life imprisonment. We pay our respects to the Aboriginal and Torres Strait Islander cultures, and to their leaders past, present and emerging. 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. Being unable to get or keep benefits such as public housing or education. Fax - (801) 852-6150, City Hall On Count 5 you were 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. You have the right to a speedy public trial before an impartial jury. 20. WebWe would like to show you a description here but the site wont allow us. 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. I acknowledge that I have been informed that there may be additional legal consequences as a result of my plea(s) in this case. Breakthrough (NQ) Pty Ltd was charged for breaching Section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011 (the Act) for failing to comply with a health and safety duties and Section 39 of the Act for failing to preserve an incident site. 35. 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. Recordings are retained for 12 months from the date of the hearing. 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. 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. Details concerning this right are covered on the second sheet of this form. Methods: A content analysis of all DFSV JSRs from July to You are presumed innocent until: a) you plead guilty or no contest; or b) the prosecution proves you guilty. 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. In theChildrens Court, the magistrate gives their sentencing remarks verbally at the sentencing hearing. Some judges may make written copies available at the hearing and may distribute these to the parties involved. WITHDRAWAL OF PLEA / RIGHT TO APPEAL: 22. The statutory surcharge will be added to the record. 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. (C) the adjudication and sentence. * Notification to Stakeholders Details revealed in the New South Wales District Court sentencing remarks, said the man and fellow prisoner, Noel Barrett, 25, had begun asking for 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. You were born on 24 July 2002 and were therefore 17 years of age at the date of Mr Francis murder. You also have the constitutional right to represent yourself and to proceed without an attorney. Both Titan Plant Hire Pty Ltd and Mr Madalena had convictions recorded. One charge under section 39(1) of the Act for failing to preserve the site of an incident. In the higher courts, judges give their sentencing remarks verbally at the sentencing hearing. I do not consider the ADHD medical evidence to be material to your particular offending. afford to pay for the attendance of witnesses, the prosecution will pay those costs. 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. Sentences back to 2001 are available on this website, but coverage may be selective. 23. WebA judgment of conviction shall include: (A) the plea; (B) the verdict or findings; and. Where sentencing remarks are available, a court may remove personal data or identifying information. N T Estate Pty Ltd as the owner of the property, was charged with one breach under section 32 of the Act for failing to ensure the mechanical services switchboard was without risks to the health and safety of any person. The YOS report makes very concerning reading. Mr Le, I have considered the PSRs from Surrey YOS, and the helpful reports from a clinical neuropsychologist and from a psychiatrist. I have considered the evidence from the expert witnesses in the PSRs concerning your maturity and development. 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. 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. 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. courts in the Northern Territory (NT) are: Find out 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). Please enable JavaScript in your browser for a better user experience. make a written demand at least 10 days prior to trial. Springs OpCo Pty Ltd was fined $15,000; and. 1. On Count 2 of this indictment I sentence you to life imprisonment with a minimum term to serve of 9 years 9 months less 418 days spent on remand. On count 2, I sentence you to a term of 17 months to be served concurrently with that sentence. The PSR makes clear that you show no remorse. You are not entitled to a jury trial if you are charged 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. 2. A victims levy of $2,000 was also imposed. You also have the right to represent yourself. 27. Your risk of re-offending is assessed as high; 6. The chargers for failing to comply with Section 21 Tropickist and Mr O'Brien were withdrawn. Infringement noticesarefines issued forfailing to comply with an improvement notice. 33. It works with various police 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). There can be no explanation of this unless there was some pre-existing dispute. Where I state factual findings, I am sure of those facts based on the evidence I heard at trial. 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 sentencing remarks are recorded and transcribed. WebTo do this we reviewed Judicial Sentencing Remarks (JSRs) from the Supreme Court of the NT. Criminal 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. You continue to deny the offences and have given no indication of a desire to abandon violence. 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. Similarly, significant County Court sentencing remarks are often published on the County Court website or AustLII. Reasons for a sentence can help influence how similar cases might be decided in future. be held against you. 25. 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. 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. Titan Plant Hire Pty Ltd was fined $960,000. Provides an index to decisions, judgements and case law from both federal and state courts. After it is served, there is no guarantee that you will be released at that time, or at any particular time thereafter. If you cannot Judges and magistrates use sentencing remarks to explain the reasons for the sentence to those involved in a case. 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. (v) The disposal of evidence: gun and phones. The prosecution has the burden of proving each of the elements of the crime beyond a reasonable doubt. It is then only, if the Parole Board decides you are fit to be released, that you will be released. (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. She has flashbacks and difficulties with her family relationships," said Justice Blokland. There may be factual, legal, or other defenses to the charge(s) that an attorney may be able to discover The murder of Mr Francis and the attempted murder of Mr Morgan was captured on clear CCTV footage. 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. 26. It was a regular practice by workers to access the switchboard to reset circuit breakers and gas isolators. 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. 24. 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. Responsible Officer: University Librarian/Page Contact: Library Systems & Web Coordinator, +61 2 6125 5111 You have the constitutional right to be represented by an attorney throughout all proceedings. 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. CRICOS Provider : 00120C The most serious of these offences were the murder of Naasir Francis and the attempted murder of Mr Franciss friend, Lawrence Morgan. 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. 32. 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. Time spent on remand will be automatically deducted from the minimum term and may be done administratively. For that reason, and depending on the nature of the crime, remarks may contain graphic accounts which some people may find confronting. Both parties pleaded guilty and on 18 February 2021, Ridem Pty Ltd was convicted and fined $80,000 in additional to paying $40,000 as part of a court ordered Work Health and Safety Undertaking. Follow NT Courts on Twitter Popular links Full 14. 2023 Northern Territory Government of Australia, URL: https://nt.gov.au/law/courts-and-tribunals/court-cases-orders-and-sentencing/court-orders-and-sentencing 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. The court may order the sentence to run consecutively (one after the other) with the charges in this case and with any other case. 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. Felony cases (more serious crimes than misdemeanors) are prosecuted by the Utah County Attorneys Office. 21. If You Cannot Afford an Attorney. 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.

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