Current Murder of Daniel Morcombe

[Herne Hill Hammer]

Re: Daniel Morecombe.....arrest made, charges laid

Sounds like they have it pretty easy tbh. I thought these criminals who were too psycho or whatever for normal prison were kept in a small cell for like 23 hours a day.

If they can just come and go and wander around what's to stop them killing each other? ? They should be pretty crafty at making weapons out of anything

The reason they don't kill each other, in Barwon's case, is that with the exception of where Mokbel and Goussis are housed, the unit they're in is probably the cushiest in the prison. If a prisoner in there was to attack or to even kill another then they'd be removed and put into the management unit and be on 23 hour lockdown. If they were to remain in the prison then they'd probably spend the rest of their sentence the management unit.

 

[Red Black and Blue]

The Queensland Attorney-General will appeal the sentence handed down to Daniel Morcombe's killer Brett Peter Cowan citing it as "inadequate".

Minister Bleijie has called the sentence handed down to Cowan as "manifestly inadequate", "not in line with community expectations" and "does not set an adequate deterrent".

http://news.ninemsn.com.au/national...eneral-to-appeal-brett-peter-cowan-s-sentence

 

[Oneiros]

Lol, when I heard it would be appealed on the radio, I thought it was the defendant appealing and couldn't believe he was using community expectations as grounds.

 

[red+black]

I thought Cowan was appealing

 

[MaddAdam]

20 years minimum is no where sufficient for these crimes. The sentencing act is outdated and needs to be modernised with public opinion

Which by and large would have us return to mediaveal times for cases like this.

 

[_Mike_]

Which by and large would have us return to mediaveal times for cases like this.

not necessarily

legislation is open to criticism by the courts and comments by Judges to modernise the law. How do you think the One Punch Alcohol Law in NSW? public opinion and pressure through the media brought about this change

 

[Illinois Nazi]

not necessarily

legislation is open to criticism by the courts and comments by Judges to modernise the law. How do you think the One Punch Alcohol Law in NSW? public opinion and pressure through the media brought about this change

That doesn't make it a good change.

 

[Donners]

20 years minimum is no where sufficient for these crimes. The sentencing act is outdated and needs to be modernised with public opinion

Well, public opinion is rarely informed, so it's not something legislators should be rushing to accommodate.

Which aspects do you regard as outdated and requiring modernisation?

 

[_Mike_]

Well, public opinion is rarely informed, so it's not something legislators should be rushing to accommodate.

Which aspects do you regard as outdated and requiring modernisation?

Judges do not make law, it is a by product of them adjudicating on case law. Judges must follow precendence where applicable and must follow precedence on punishment and sentencing. The sentencing act is the problem here, and to change the it needs to be done through the legislative process.

The sentencing act is what determines penalty units a applicable to those found guilty as charged of the crime and these are where the inadequacies lay. Legislation can be changed through public and political pressure, criticism by the courts or comments to modernise the law by the judges

 

[Donners]

Judges do not make law, it is a by product of them adjudicating on case law. Judges must follow precendence where applicable and must follow precedence on punishment and sentencing. The sentencing act is the problem here, and to change the it needs to be done through the legislative process.

The sentencing act is what determines penalty units a applicable to those found guilty as charged of the crime and these are where the inadequacies lay. Legislation can be changed through public and political pressure, criticism by the courts or comments to modernise the law by the judges

Okay, there's some issues here.

Firstly, the Crimes Act or Criminal Code, depending on the state, sets out the maximum penalties, not the Sentencing Act.

Secondly, the maximum penalty for the offence here is life. Legislation can't make that any higher. Several of the offences with arguably inadequate sentencing practices have very high maximum penalties. There's little Parliament can do to change that without doing something foolish like introducing mandatory minimums.

Thirdly, it is possible to challenge current sentencing practices via the courts; it's probably unlikely to be successful as it's a particularly pro-defence Court of Appeal in Victoria these days, but the option is there. In many ways that is a far better way to go about it than a populist government catering to the uninformed.

 

[_Mike_]

Secondly, the maximum penalty for the offence here is life. Legislation can't make that any higher. Several of the offences with arguably inadequate sentencing practices have very high maximum penalties. There's little Parliament can do to change that without doing something foolish like introducing mandatory minimums.

My criticism is on the inadequacy of the period for minimum terms. Division 2 - Custodial Orders actually glosses over the subject of non parole period by the sentencing court and there is obviously another layer that I haven't been clear on.

The matter still stands though that the minimum parole periods set are inadequate in the eyes of the community

Thirdly, it is possible to challenge current sentencing practices via the courts; it's probably unlikely to be successful as it's a particularly pro-defence Court of Appeal in Victoria these days, but the option is there. In many ways that is a far better way to go about it than a populist government catering to the uninformed.

Taken into account, yet the recent one punch alcohol law of NSW which was passed in both houses and provided with ascent bringing the legislation into effect is a classic example of legislation and sentencing being brought in line with public opinion because the general public no longer saw it as acceptable behavior

Whilst the topic is off skew in terms of the actual subject the law is not completely removed from the expressions/beliefs of the community to which the ability exists to lobby for changes, albeit with somewhat force through political pressure

 

[IKE TURNER]

november is the annivesary of daniel morcombes abduction and there are a few things about this case i find very disturbing:

the fact that a young boy catching a bus to the shops can be taken in broad daylight and never seen again in Australia is shocking,

secondly the fact that when trying to find out what happened to daniel the police couldnt believe the amount of child molestors that are out there in the general public,

thirdly the difference between the victims family and the monster that committed the crime-the morecombes are dignified compasssionate and brave while the perpetrator is scum,

fourthly and probably most important was the way the public was let down by the 'justice' system,the wierdo that killed daniel had already been to jail for raping a young boy then came to darwin where he grabbed a young boy raping and nearly killing him and the useless judge gave him 7 years and he served 3 and a half,he knew next time he wouldnt leave a witness and the fact is at the time he killed daniel he should have been sitting in an nt jail.

 

[Perth gal]

november is the annivesary of daniel morcombes abduction and there are a few things about this case i find very disturbing: the fact that a young boy catching a bus to the shops can be taken in broad daylight and never seen again in Australia is shocking,secondly the fact that when trying to find out what happened to daniel the police couldnt believe the amount of child molestors that are out there in the general public, thirdly the difference between the victims family and the monster that committed the crime-the morecombes are dignified compasssionate and brave while the perpetrator is scum, fourthly and probably most important was the way the public was let down by the 'justice' system,the wierdo that killed daniel had already been to jail for raping a young boy then came to darwin where he grabbed a young boy raping and nearly killing him and the useless judge gave him 7 years and he served 3 and a half,he knew next time he wouldnt leave a witness and the fact is at the time he killed daniel he should have been sitting in an nt jail.

I agree. The fact that that monster served a 3 and a half year sentence after raping that young child and leaving him to die sickens me

 

[Angus Young]

I agree. The fact that that monster served a 3 and a half year sentence after raping that young child and leaving him to die sickens me

yep 3 years for raping a very ypoung boy and bashing him and leaving him to die...

good job judge... way to go

if there was ever a reason to lock someone up and throw away the key.that was it...but no.. 3 *ing years

 

[Unstable]

necondly the fact that when trying to find out what happened to daniel the police couldnt believe the amount of child molestors that are out there in the general public,

Say what? This is absolutely disturbing. Can you elaborate on it more?

 

[IKE TURNER]

Say what? This is absolutely disturbing. Can you elaborate on it more?

which bit?

 

[Power04Surge]

Should have been sitting his arse on death row and not walking free after 3 and a half years

 

[Shell]

That case of him receiving 3.5 years for the rape and basically attempted murder (because the boy was so close to death) is why this country needs to stop this bullshit and increase the sentences for sex crimes.

The maximum you can get is what, 25 years for rape? Horseshit, no one gets that, ever. The gang rapists in Geelong, if they are found guilty, they'll be lucky to get 10 years. The whole system is a joke, one big ****ing joke.

 

[Unstable]

which bit?

The part where the police couldn't believe in the amount of child molestors. Wouldn't they already know this?

 

[Perth gal]

That case of him receiving 3.5 years for the rape and basically attempted murder (because the boy was so close to death) is why this country needs to stop this bullshit and increase the sentences for sex crimes.

The maximum you can get is what, 25 years for rape? Horseshit, no one gets that, ever. The gang rapists in Geelong, if they are found guilty, they'll be lucky to get 10 years. The whole system is a joke, one big ****ing joke.

What about that middle eastern gang in Sydney that got something like 25 years each for the gang rape of numerous women . It was a fair few years ago now. Yet a man rapes and leaves a young boy to die and gets 3 years. Absolutely a joke .

 

[Paul Kersey]

Bring back the noose.

 

[Shell]

What about that middle eastern gang in Sydney that got something like 25 years each for the gang rape of numerous women . It was a fair few years ago now. Yet a man rapes and leaves a young boy to die and gets 3 years. Absolutely a joke .

They actually got way more than 25 years (and so they should have- premeditated, racial, violent, prolonged attacks and they did not show one iota of mercy for their victims) but they were all reduced on appeal.

 

[Perth gal]

Justvre

They actually got way more than 25 years (and so they should have- premeditated, racial, violent, prolonged attacks and they did not show one iota of mercy for their victims) but they were all reduced on appeal.

Just re read about them on Wikipedia . What horrible , evil people.

 

[IKE TURNER]

Say what? This is absolutely disturbing. Can you elaborate on it more?

when daniel went missing the police checked to see how many convicted child molestors lived around that area and found there was a lot but probably no more than most areas,there was that many that got their attention that the creep that actually did it was not at the top of the list until further down the track. i dont understand the way we deal with sex offenders,they get a slap on the wrist and their crimes always get worse. depending on the severity of the crime it should be 5 years straight up (no early release) next one 10 years and if they are that depraved and obviously cant be rehabilitated and reoffend again-life.

 

[Adzam]

cant understand why they just are not put down. If a dog attacks someone they are put down. If a shark kills someone its hunted and put down. Raping children is not the same kind of crime as stealing. Stealing whilst not tolerable is understandable why people do it. Sexual abuse is an unfixable sickness that can't be tolerated so why kid ourselves thinking jail will rehabilitate these people.