On the 12 May 2017 the defendant was convicted and fined $11,800 for a breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011. (3) Judgment of Not Guilty or Discharge. Please be advised that the NT Local Court has implemented a new citation database for published decisions. ABN : 52 234 063 906. In addition, you have been found in possession of other weapons, as detailed in the PSR as recently as late September 2021. 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. make a written demand at least 10 days prior to trial. more information on types Reasons for a sentence can help influence how similar cases might be decided in future. only with an infraction. You have the constitutional right to be represented by an attorney throughout all proceedings. Mr Francis suffered two bullet wounds but the ballistics and CCTV evidence shows that Mr Le fired many rounds wildly in the direction of Mr Francis and Mr Morgan, as well as into the car. (ii) Reference was made to your limited offending history. It works with various police 10. This was an execution. We pay our respects to the Aboriginal and Torres Strait Islander cultures, and to their leaders past, present and emerging. On Count 5 you were To withdraw your plea, you must show it was not knowingly and voluntarily made. 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. Sentences back to 2001 are available on this website, but coverage may be selective. 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). 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. To restrict the results to sentencing specific information use the Sentencing search field. 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. courts in the Northern Territory (NT) are: Find out One charge under section 39(1) of the Act for failing to preserve the site of an incident. 19. 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). If the offense is one for which the court may impose jail time - even suspended jail time - and you cannot afford an attorney, the court will appoint an attorney to represent you. 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. The right to appeal is limited. The Criminal Prosecution Division of the Provo City Attorneys Office prosecutes violations of law in the Provo Justice Court and the 4th District Court. 4. 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. You have the right to a speedy public trial before an impartial jury. PENALTIES (MINIMUM / MAXIMUM SENTENCES): Again, I have taken particular account of your age. These steps and procedures are summarized below: Main Office - (801) 852-6140 Which could include a higher fine, and/or the case being charged with a higher classification (misdemeanor or felony depending on the violation). 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. 1. The ACT Supreme Court has released the formerly secret sentencing remarks on the case against the man known as Witness J. 27. 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. Similarly, significant County Court sentencing remarks are often published on the County Court website or AustLII. There may have been some form of gang related dispute between your side and the Francis/Morgan side, but I can make no safe findings on that matter based on the evidence I have heard and ignore that potential context in my sentencing. The murder of Mr Francis and the attempted murder of Mr Morgan was captured on clear CCTV footage. Justice Blokland said this consequence was notfactored in the sentencing of Riley. and explain to you. 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? Digital copies of recordings are available from the Magistrates Court for a fee. 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. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. 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. 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. Russian girl who drew anti-war picture sent to orphanage Time spent on remand will be automatically deducted from the minimum term and may be done administratively. WebGoing to Court. criminal court. You may refuse If You Cannot Afford an Attorney. 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. Provo, UT 84601. Fax - (801) 852-6150, City Hall Supreme Court sentencing remarks are usually published on theSupreme Court websiteand/or the Australasian Legal Information Institute (AustLII) website. 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. That means life imprisonment. However, the fact that there was a spontaneous outbreak of armed violence between to the 2 groups is clear on the footage. The PSR makes clear that you show no remorse. WebA judgment of conviction shall include: (A) the plea; (B) the verdict or findings; and. No force, threats, or unlawful influence have been made to get me to plead. They can also help anappellate court(a court that hears appeals) determine if any errors were made in the sentencing process. 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. You have the right to testify on your behalf. The Right to Represent Yourself. 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. There may be factual, legal, or other defenses to the charge(s) that an attorney may be able to discover 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. In this way, sentencing remarks promote consistency in sentencing. 31. 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. They are published because of the need for transparency in the judicial process.It is necessary for those Remarks to deal with the circumstances of the crime so that the sentence imposed can be seen in context. NT Supreme Court judge urges action to stop sexual assault victims being banished from their communities. Some judges may make written copies available at the hearing and may distribute these to the parties involved. 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. 21. Justice Jenny Blokland urged policymakers and legislators to pay attention to how many sexual assault victims are being punished by being forced to leave their communities. 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. Justice Blokland added thiswas something that had also come upin the sentencing of a manin May. The section 38 breach for failing to notify NT WorkSafe of a notifiable incident was withdrawn. 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. 17. It is possible you may never be released. Mr Kerr was ordered to pay the injured worker $20,000. 13. Being unable to get or keep some licenses, permits or jobs. Your risk of re-offending is assessed as high; However, release of a recording requires the signed authorisation of a judicial officer and payment of a fee. You have the right to confront and cross-examine the prosecution witnesses in open court. 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. The company was also ordered to pay NT WorkSafe $10,000 to assist in the preparation, publication and distribution of written advice regarding precautions to be undertaken by tourists in Central Australia in respect to weather conditions. Mr Taylor was ordered to pay the two injured passengers $10,000 each; and. That guideline is particularly relevant given you were just 17 when you murdered Mr Francis. Mr Le, I have considered the PSRs from Surrey YOS, and the helpful reports from a clinical neuropsychologist and from a psychiatrist. WARNING: Sentencing Remarks deal with the sentences imposed for crimes. These are serious offences in their own right although committed in the same course of criminal conduct. 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. 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. 22. These types of documents can be a handy research tool in all manner of research. NT WorkSafeactively enforces the law, prosecuting alleged offenders under the Work Health and Safety (National Uniform Legislation) Act 2011. of courts and their roles. WebSearch Australian Court Records Search for court records in Australia. 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. Each of the suspended sentences will be activated in full and again run concurrently. 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. I turn to the facts surrounding the offences committed on the day, 22 August 2020, that Mr Francis was killed. 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. 11. NT WorkSafe is a division of the Department of Attorney-General and Justice. In my judgment, there are the following aggravating factors: (i) As it is not accounted for in paragraph 6 of Schedule 21, the use of a firearm. In relation to the determination of the minimum term of detention for the offence of murder, due to your age, the starting point is one of 12 years. 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. They will only be retained on this website for a period of 28 days from the date of sentence. On 8 April 2017, a worker was injured when they fell 3-metres onto a concrete floor. Your sentence will depend on many different factors. You also have the constitutional right to represent yourself and to proceed without an attorney. Where sentencing remarks are available, a court may remove personal data or identifying information. The vicious nature of the attack on an unarmed man cornered by you and Mr Donovan-Harris, which I have already explained. If you wish to receive further information about these possible consequences, you are encouraged to talk with an attorney. Includes both recent and historical sources. 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. Court of Appeal The Court of Appeal deals exclusively with people challenging the decisions made by other courts or tribunals. Such statements are required under section 6AAA of theSentencing Act 1991(Vic). Receiving a harsher sentence if you are convicted of a similar offense in the future. "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. afford to pay for the attendance of witnesses, the prosecution will pay those costs. A jury 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. On this page you can search for written decisions by the Local Court Judges or Judicial Registrars in relation to particular court matters. (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. Springs OpCo Pty Ltd was fined $15,000; and. Please be advised that the NT Local Court has implemented a new citation 2023 Northern Territory Government of Australia, URL: https://nt.gov.au/law/courts-and-tribunals/court-cases-orders-and-sentencing/court-orders-and-sentencing I have read the moving VPS submitted by Naasir Francis mother and brother which has been prepared as the familys collective statement. Details revealed in the New South Wales District Court sentencing remarks, said the man and fellow prisoner, Noel Barrett, 25, had begun asking for buprenorphine (opiate) injections the day before the incident. 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. A mandatory $1,500 victims levy was also imposed in relation to the finding of guilt. 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 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. Sentencing remarks will usually appear on the website within a day or two of delivery in court and will remain for four weeks. 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. notice, and findings. 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. I acknowledge that I have been informed that there may be additional legal consequences as a result of my plea(s) in this case. The Right to an Attorney. Methods: A content analysis of all DFSV JSRs from July to Dec 2020 was undertaken (n = 64). 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. It is only by chance that Mr Morgan and passing members of the public escaped without injury. "She still struggles trying to get her life back. court decides you are guilty of a crime. 20. 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. 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. Judges and magistrates use sentencing remarks to explain the reasons for the sentence to those involved in a case. Sentencing remarks will usually appear on the website within 48 hours of delivery in court and will remain on there for 28 days. 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. If you post bail, you will be released on : a) the condition you appear in court 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. 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. From finding people to background checks and due diligence. For that reason, and depending on the nature of the crime, remarks may contain graphic accounts which some people may find confronting. 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. 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. b. Where I state factual findings, I am sure of those facts based on the evidence I heard at trial. 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. e) with the court's approval, no contest (a no-contest plea means you do not challenge the charge; it is still a conviction). 445 W Center St Suite 300 The Northern Territory Government respectfully acknowledges the First Nations people of this country and recognises their continuing connections to their lands, waters and communities. 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. Details concerning this right are covered on the second sheet of this form. The court cannot advise you on how to proceed with or try your case. You were born on 24 July 2002 and were therefore 17 years of age at the date of Mr Francis murder. Justice Blokland said the victim's situation was made worse when she was forced to leave her home in a remote community. Sentencing recommendations are not binding on the court. WebNorthern Territory Supreme Court Daily court lists Supreme Court Local Court Northern Territory Civil Administrative Tribunal Court decisions NT Supreme Court decisions The information remains on the web site for one month before being removed. be held against you. 8. A Northern Territory Supreme Court judge has warned of an emerging trend of sexual assault victimsbeing banished from their home communities. 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.