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. 1 May 2023, 9:24 pm. WebThe Criminal Prosecution Division of the Provo City Attorneys Office prosecutes violations of law in the Provo Justice Court and the 4th District Court. 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. Responsible Officer: University Librarian/Page Contact: Library Systems & Web Coordinator, +61 2 6125 5111 The fourth year electrical apprentice was electrocuted when he made contact with a live wire and was unable to be revived. Follow NT Courts on Twitter Popular links Full Please be advised that the NT Local Court has implemented a new citation 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. Any plea I enter is voluntary and of my own free will and choice. An attorney could advise you aboutthose consequences. They can also help anappellate court(a court that hears appeals) determine if any errors were made in the sentencing process. Sentencing recommendations are not binding on the court. 2023 Northern Territory Government of Australia, Policy on inappropriate workplace conduct, About sentencing remarks & publication policy. They will only be retained on this website for a period of 28 days from the date of sentence. ABN : 52 234 063 906. I have considered the evidence from the expert witnesses in the PSRs concerning your maturity and development. 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 3 June 2016, a fruit picker was found deceased as a result of a motor vehicle rollover. Your risk of re-offending is assessed as high; It works with various police I have read the moving VPS submitted by Naasir Francis mother and brother which has been prepared as the familys collective statement. * Notification to Stakeholders You also have the constitutional right to represent yourself and to proceed without an attorney. I turn to the facts surrounding the offences committed on the day, 22 August 2020, that Mr Francis was killed. would like to proceed at this time. In the sentencing remarks, Justice Blokland outlined that, after receiving counselling in February 2018, the victim came forward to police. a court-appointed attorney, you still have the right to an attorney, but the attorney must then be retained at your own expense. Criminal 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. 12. more information on types 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. "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. 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. The law may provide ways to obtain some relief from these consequences. to testify, and no one can make you testify or give evidence against yourself. You have the right to testify on your behalf. Where sentencing remarks are available, a court may remove personal data or identifying information. The remarks help offenders to understand why they have received a particular sentence. Both Titan Plant Hire Pty Ltd and Mr Madalena had convictions recorded. Teeko Le on Tuesday 22 June 2021 you were convicted of a number of offences by the jury at Birmingham Crown Court. Time spent on remand will be automatically deducted from the minimum term and may be done administratively. 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. A victims levy of $2,000 was also imposed. 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. Mr Belfield, on 5 August 2022, following a 5 week trial here at Nottingham Crown Court the jury convicted you on 4 counts. On the 15 June 2014 a tourist was fatally injured when climbing down onto an overhanging ledge below Kestrel Falls look out. 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. 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. (v) The disposal of evidence: gun and phones. 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. 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. 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. WebNT WorkSafe actively enforces the law, prosecuting alleged offenders under the Work Health and Safety (National Uniform Legislation) Act 2011. You have the right to confront and cross-examine the prosecution witnesses in open court. Mr Le, I have considered the PSRs from Surrey YOS, and the helpful reports from a clinical neuropsychologist and from a psychiatrist. 14. 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. 32. 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. 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. "I sincerely hope the victim receives the support she clearly needs and deserves. Justice Blokland sentenced Simeon Riley to 12 years in jail, with a non-parole period of eight years and six months, after he pled guilty to two charges of sexual intercourse without consent earlier this year. 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. 18. It is only by chance that Mr Morgan and passing members of the public escaped without injury. In theMagistrates Court, the magistrates sentencing remarks are recorded to audio but not transcribed. Mr Kerr was ordered to pay the injured worker $20,000. 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. QLD and NT most frequently violate children's rights under supervision. We pay our respects to the Aboriginal and Torres Strait Islander cultures, and to their leaders past, present and emerging. 19. Provides an index to decisions, judgements and case law from both federal and state courts. NT 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 Suspended Sentences and Other Abolished Orders, Sentence Types for Children and Young People, Youth Justice Centre Order and Youth Residential Centre Order, General Trends in Sentencing for Victorian Courts, General Trends for Imprisonment and Community Orders, Australasian Legal Information Institute (AustLII) website, Creative Commons Attribution 4.0 International License, a summary of the offence, including aggravating and mitigating circumstances, relevant factors about the offender, including their background and prospects for rehabilitation, reference to the impact of the offence on any victim(s). WITHDRAWAL OF PLEA / RIGHT TO APPEAL: afford to pay for the attendance of witnesses, the prosecution will pay those costs. 10. I emphasis however, that I have not taken into account the dangerousness factor in determining the minimum term for murder. The following is a summary of the completed prosecutions and the transcript of proceedings. Your sentence will depend on many different factors. However, I must then consider what aggravating and mitigating factors exist in order to determine the appropriate minimum term. 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 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. The vicious nature of the attack on an unarmed man cornered by you and Mr Donovan-Harris, which I have already explained. 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 If you want a jury trial, you must 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. These are serious offences in their own right although committed in the same course of criminal conduct. You have the right to call witnesses and compel by subpoena their attendance and testimony. It is then only, if the Parole Board decides you are fit to be released, that you will be released. courts in the Northern Territory (NT) are: Find out 8. Sentencing remarks of the Honourable Mr Justice Saini. A guide to Australian criminal law, evidence, sentencing and criminology resources. 3. To restrict the results to sentencing specific information use the Sentencing search field. There is very limited mitigation in your case and your Leading Counsel Mr Stone QC has been characteristically measured and realistic in this regard. Titan Plant Hire Pty Ltd was fined $960,000. 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, 15. 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. 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. 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. 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. 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 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. 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. You have the right to bail. Electronic Signature Agreement: By typing your signature below you are signing this document electronically. 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. 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.). It is clear that there must be substantial upward movement on the starting point. 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. 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. The right to appeal is limited. 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. Given the above considerations, the court encourages you not to represent yourself. 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. I understand that if I have questions about the effects of my plea on my immigration status, I should consult with an immigration attorney. The Northern Territory Government respectfully acknowledges the First Nations people of this country and recognises their continuing connections to their lands, waters and communities. 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. criminal court. 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). In addition, you have been found in possession of other weapons, as detailed in the PSR as recently as late September 2021. Each of the suspended sentences will be activated in full and again run concurrently. The historic offences occurred in 2005, when the victim was 13 or 14 years old. No transcripts of the hearings are published. Being unable to get or keep some licenses, permits or jobs. reference to the purpose or purposes that the judge or magistrate intends the sentence to achieve. 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. 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. On the 23 June 2016 the defendant was convicted and fined $140,000 for a breach of section 32 of the Work Health and Safety (National Uniform Legislation) Act 2011. Remarks are published after revision by the Judge and remain on this page for approximately 5 years before being removed. 22. 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. You continue to deny the offences and have given no indication of a desire to abandon violence. verdict must be unanimous. Most criminal cases prosecuted by the City Attorneys Office involve seven basic stages as they move through the judicial system. 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. 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 Similarly, significant County Court sentencing remarks are often published on the County Court website or AustLII. The prosecution has the burden of proving each of the elements of the crime beyond a reasonable doubt. At the end of a sentencing hearing, the judge or magistrate summarises the case, imposes a sentence and outlines the reasons for the sentence. SENTENCING: 445 W Center St Suite 300 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. 16. 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. While I hope she understands the broader community stands with her, it is regrettable that she cannot return to live in her home community.". Company director, Mr Jason Frank Madalena, faced charges under Section 27 of the Act. 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. That guideline is particularly relevant given you were just 17 when you murdered Mr Francis. The statutory surcharge will be added to the record. Some judges may make written copies available at the hearing and may distribute these to the parties involved. 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. (ii) Reference was made to your limited offending history. 21. 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. "I feel it is something community leaders need to seriously reflect on," she said. Chargers were laid against the company Tropickist and company director Mr David O'Brien for failing to comply with Section 21 and Section 155 (5) of the Work Health and Safety (National Uniform Legislation) Act 2011. If You Cannot Afford an Attorney. Prosecutors screen cases and decide what charges to file. In the sentencing remarks, Justice Blokland outlined that, after receiving counselling in February 2018, the victim came forward to police. 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). Fax - (801) 852-6150, City Hall 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. Decisions published in 2022 and onwards will be identified by court jurisdiction, being: You are not entitled to a jury trial if you are charged 2023 Northern Territory Government of Australia, URL: https://nt.gov.au/law/courts-and-tribunals/court-cases-orders-and-sentencing 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. On 16 July 2017 afuel truck driver died as a result of a vehicle rollover. 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). 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. 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. The chargers for failing to comply with Section 21 Tropickist and Mr O'Brien were withdrawn. You have the right to counsel. Supreme Court sentencing remarks are usually published on theSupreme Court websiteand/or the Australasian Legal Information Institute (AustLII) website. Judges and magistrates use sentencing remarks to explain the reasons for the sentence to those involved in a case. The court cannot advise you on how to proceed with or try your case. 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. 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. At the end of this document you will choose how you 35. "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. I state that I have fully and completely read this document regarding the right to counsel, and that I understand it (if you do not understand any of this document, you should appear before the judge in open court before signing it.). 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. 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. On 8 April 2017, a worker was injured when they fell 3-metres onto a concrete floor. No force, threats, or unlawful influence have been made to get me to plead. She has flashbacks and difficulties with her family relationships," said Justice Blokland. The Northern Territory Government respectfully acknowledges the First Nations people of this country and recognises their continuing connections to their lands, waters and communities. 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). Receiving a harsher sentence if you are convicted of a similar offense in the future. 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. Find out more information on young Your browser is not supported by ANU web styles. He was a young man taken from a caring and loving family in the prime of his life. 11. 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. Mr Taylor was ordered to forfeit the Octopus Ride to the Northern Territory for destruction.