Criminal Law: The Daniel Morcombe Case

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Criminal law attempts to balance the rights of individuals to freedom from interference with person or property, and society’s need for order. Procedural matters, the rights of citizens and powers of the state, specific offences and defences, and punishment and compensation are some of the ways society and the criminal justice system interact. As a Judge it may be challenging to be unbiased when sentencing convicted offenders especially on high profile cases such as the Daniel Morcombe one. As a stakeholder, the judge considers many perspectives when sentencing the convicted offender. The trial beginning on the 10th of February 2014 under Justice Roslyn Atkinson with the prosecution closing the case on the 7th of March (ABC, 2014). Magistrates …show more content…

Brett peter Cowan being a serial sex offender shows to the judge his capability of committing such a crime again in the further and for this they have sentenced him for 20 years of jail time (Queensland Consolidated Acts, …show more content…

Depending if the case meets the community’s expectations. The punishment theories are put in place to help the court decide which punishment would best fit the description of the case while making sure the case is just and equitable. The judge was unbiased in this case as the punishment theories apply to all offenders. The public supported the voice of Daniel Morcombe parents and understood there suffering and pain through this investigation as the public thought that Brett needed to be punished in Queensland. The outcome of the case was that Cowan was taken into custody and charged with Morcombe murder and other offences, including child stealing, deprivation of liberty, indecent treatment of a child under 16 and interfering with a corpse. Just and equitable legal outcomes to evaluate the case include of many expectations that may be met, the outcome of the case was discovered by fair trial which includes correct punishment theories and procedures, Justice Roslyn Atkinson met these through the trial also making it equitable because the punishment theories were applied to the offender Brett Peter Cowan. Punishment options and procedures in Queensland met the current needs of the society throughout this

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