Here is what the jury of Daniel were not told.

It can now be revealed that Cowan:

TOOK a seven-year-old boy from a playgroup and molested him in a toilet block, putting his hands around the boy’s throat when the distraught child threatened to tell his mother;

LEFT a second child, aged six, with horrific and life-threatening injuries after raping him in Darwin;

ADMITTED to abusing up to 30 children while a child himself by luring them into the change rooms of a local swimming pool;

SEXUALLY assaulted children in the lead-up to Daniel’s disappearance in a series of incidents not reported to police;

FORCED a girlfriend into a bizarre and violent kidnap and rape role play years after killing Daniel; and

SUBJECTED partners to violent sex acts, including repeatedly choking one into unconsciousness. Info from Courier Mail.

So, some serious questions need to be asked as to how this rock spider was allowed to roam free in our community, without our knowledge and, at what point do we say, enough is enough and do away with these types.

I think it is time that the term "life sentence" actually means that an not some shortened sentence because some do gooder has a bleeding heart.

Dear Rehctub,

I can't even begin to imagine what it
would be like to lose a child and what
Daniel's parents must have gone through.
Our laws do need to change to ensure that the
psychopaths are not released so easily back
into the community.

Perhaps this inhuman creature will receive his
"justice" in jail - where I've heard that child-predators
are not popular.

But is it right to make us keep feeding Cowan and his jailers for the rest of his life from our hard-earned tax money?

We 'do away with these animals' when Australians agree o reintroduce the state's right to lawfully kill criminals of course.

While I am as angry as the next person on this issue, I would have to have irrefutable evidence that the crime occurred before I would agree to state sanctioned murder...

Suse,

"While I am as angry as the next person on this issue, I would have to have irrefutable evidence that the crime occurred before I would agree to state sanctioned murder..".

Murder is the unlawful killing of a human being, therefore lawful execution is not murder.

The number of innocent people wrongfully executed in Australia is exceeded by the number of innocent people murdered by criminals who should have been executed.

Yuyutsu, "But is it right to make us keep feeding Cowan and his jailers for the rest of his life from our hard-earned tax money?"

Yes, a .308 is too good for him.

He should spend the remainder of his days absolutely and totally forgotten, knowing exactly what the next day will bring.

The problem of course is that the grubby media will continually give him stories to watch and read about himself, as they do with other scum. The public don't complain about that but they should.

I think the do-gooders are actually worse than the perpetrators. Imagine a mind that excuses & feels protective towards such an animal. Anyone expressing support for those criminals should be locked away with them.

Individual, no one could ever express support for such criminals, but I don't support the death penalty unless there is absolute proof (ie , more than proof beyond reasonable doubt) of the crime.

If we have a law allowing us to kill someone without having absolute proof of their guilt, then we are no better than the criminals.

I submitted the following as a discussion point, but it looks as though I have been hijacked by today's contribution ! I therefore copy what I was originally going to say.

Not withstanding the death of Daniel Morecome,and the horror and distress convicted paedophile Brett Cowan has caused not only to the Morecomb's family, but so many others Australia wide, I should like to focus on the economic cost this man has wrought on the Taxpayers of this country and will continue to do so for many years to come.

The 10 year investigation must have cost an enormous amount. The two previous convictions and years in jail would not have been inconsiderate. According to the internet the cost of keeping someone in jail for just 12 months is around $25,000 annually. The cost of the trial must have been enormous with legal representation, witnesses, travel, prosecution, forensic analysis etc.

Has Cowan ever been a tax contributor ? I would imagine that he has probably been a net recipient of social security most of his life. After 20 future years in prison (if he lives that long) the tax payer will continue to support him, probably in housing and some kind of living allowance, as the chances of him getting a job and be self supporting are virtually nil.

Apart from the death penalty…… and I'm not necessarily advocating that…. I am interested in the comments other readers might have in the way this man could atone for his sins. Perhaps we should adopt the sort of legal punishment followed in Singapore ?

http://www.youtube.com/watch?v=fxWg6JDoRFs

no one could ever express support for such criminals,
Suseonline,
What about defence lawyers & Legal aid people funded by taxpayers ?

Don't be silly snake, he will never do 20 years.

Long before that some bleeding hearts will start pushing for his release.

Some bloody fool psychologist or psychiatrist will declare success in the treatment of the animal, & want him released.

A parole board made up of bleeding hearts, & criminal lovers will let him out to strike again, just as they have done previously.

Dear Snake,

Indeed something more creative should be done instead of locking up people and paying their guards' salaries from our tax money.

Here are some ideas:

1. If citizens are interested in keeping someone in jail, then they should volunteer to guard him themselves (or hire guards with their own money).

2. Corporal punishment should be offered as an option to reduce prison time.

3. When future offending can be prevented by removing certain body parts, then that should be given as option to prisoners instead of a lengthy jail-time.

4. Organ donation should also be counted towards reducing jail-time.

5. Unless a volunteer is found as in (1), exile should be considered for prisoners when another country is willing to take them and there's no likelihood for them to ever be able to return to Australia.

6. I agree with Susan that innocent persons should never be murdered, even if the chance of them being innocent is 0.0000000000000000000001%. However, OPTIONAL capital punishment should be available at all times to all prisoners (with appropriate provisions to ensure they are not coerced into it by other inmates). That would be a more proper way for one to atone for their sins instead of adding even more burden on society.

P.S. I could not view your Singapore clip because it cannot be viewed without registering into Google's evil empire.

Hi there SNAKE...

Thank you for furnishing that link featuring the application of corporal punishment. Whereupon twelve strokes of the rotan were being applied to a criminal in Malaysia. With respect my friend, the police were speaking in Bahasa Malaysia, and wearing the uniform of the Malay police. Therefore, it's more than probable the punishment was meted out in Malaysia ?

As a retired copper, I've fully supported corporal punishment for those heinous crimes occasioned against women, children, the elderly and others, who by some physical defect, are unable to adequately defend themselves against a violent attack.

I'm on record herein, as being vehemently against capital punishment for any offence. However, for those category of offences described as heinous, odious, or abominable, long periods of penal servitude together with an appropriate amount of corporal punishment, is the only real deterrent against such crimes. Forget about rehabilitation, it's both too late, and totally inappropriate for such criminals. Punishment is the only remedy for these evil maggots, regrettably.

6. I agree with Susan that innocent persons should never be murdered,
Yuyutsu,
No innocent person should be killed let alone murdered. There are many who should be killed because they cause the deaths of many more.
The animal like human beings that this thread is about should be disposed of as soon as they are proven guilty. The judge that gave the Morecombe murderer 20 years should be doing 20 years also.
We really need a referendum on Law & Order if we don't want to go down the tube if the Taliban & Co don't shove us down there before.

Yuyutsu

I think number one suggestion might be impractical, but the the others seem to me to be spot on. I liked the idea of the culprit choosing his punishment, but it would have to be a combination of both prison and corporal punishment, just reducing the incarceration a tad in return for the latter and it should be inflicted at intervals, say every 3 months. I should have mentioned that the link was very graphic of the punishment being undertaken and therefore needed to be seen only by adults hence the sign-in required.

You are right, it must have been Malaysia not Singapore O Sung Wu.....Sorry about that.

Hi again SNAKE...

The question of punishment has always been a controversial issue in this country. If you were to ask, the average man or woman in the street, an academic, a law lecturer, criminologists, someone involved in jurisprudence, even a member of the Judiciary, what is the purpose of sending a convicted person to gaol ?

To the man or women, they would all say '...a person is sent to gaol as a punishment...' ? And it's this confinement in prison, that is the punishment. Denying them access to the outside world, for a preordained period of time.

For most felons, this might be an appropriate action, But NOT for those few who commit these odious and heinous crimes. They should be irrefutably sentenced to prison F O R punishment, including mandatory corporal punishment, together with hard labour. I wonder if anyone might disagree with this proposition ?

Hi O Sung Wu,

That's an interesting proposition. I think every individual behaves differently under different circumstances. The "first timer" may think he is never going back to prison and makes sure he obeys the law in future, while the recidivist may "take his chances" and probably has a philosophical view about going back inside for maybe the 3rd or 4th time. I guess they all have their reasons for their nefarious activities, drugs, unemployment, total disregard for others and selfishness, the psychology of paedophilia, a chip on their shoulders about society in general, anger......There must be 101 reasons, so the punishment should be made to fit the crime, and the individual... here lies the problem because one size fits all in our endeavour to uphold the law. I think most judges must confront this problem and thus they get accused of being soft, but they are also probably mindful of the cost to the public purse (although they don't mind being paid handsomely themselves!) Nothing is ever simple , straightforward and easy.

I have probably got off subject a little, but I agree with you that certain crimes require certain measures to make an impact on certain perpetrators.

Whether we like it or not, there is a slim chance this guy did not kill Daniel, and therefore could not be excited. But, from my understanding there is no doubt he did commit the orther kiddy crimes and there is no way he should have been allow out to commit again, and again.

It's as much the system's failure that lead to Daniel's murder and, at the very least the two judges should be offering a formal apology and withdraw themselves from any publicly funded perks they have in honor of Daniel and their failure to adjudicate qcorrectly inn the first place.

Quite simply, they are not worthy.

Dear rehctub,

This man confessed to undercover police officers that
he killed Daniel and he also led them to where Daniel's
body was buried.

Hi O Sung Wu, I'm not sure you are right there. A bunch of us hicks agreed that punishment is mostly a waste of time. The academics assure us of this, when they argue against punishment.

No, what we want is the garbage off the street.

Some liked the idea of long prison terms, some wanted a chain gang type of incarceration. However most just wanted them out of society long term, & most favored the 3 strike rule requiring a never to be released sentence.

About 60% were in favor of capital punishment in cases like this one, & only 5% were vehement opposed to it.

Opinion was these people had forfeited their right to sympathy, & all wanted the judges & parole boards removed & punished for their stupidity.

I think it is likely that our bleeding hearts are going to find a rapidly increasing militancy among us red necks.

Dear Hassie,

I'm with you on this one 100%!

Hi there HASBEEN...

Your description of those people, who's only wish is for some decent justice, particularly to get these appalling offenders off the street - in perpetuity, doesn't represent views of a 'redneck'! Far from it I'd contend, my friend.

As you've no doubt seen 'SNAKE'S' initial thread, and the link he kindly provided, of the Royal Malaysian Police, presiding over twelve strokes of the rotan, for a convicted criminal. Is one of the major 'planks' of an appropriate punishment for those individuals who are convicted of heinous, monstrous, or abominable crimes, occasioned against women, children, the elderly, or others who, through some physical defect, are unable to protect themselves against violent attack.

The second 'plank' of this structured punishment, is a protracted periods of penal servitude, together with hard labour. One without the other, is pointless, and negates the whole effect of this punishment regimen.

Interestingly, nobody herein has challenged this concept HASBEEN ? I'm totally against the death penalty, always have been. However, I'm fully in support of corporal punishment for those classes of individuals I've identified above. I wonder, does this make me a 'redneck' too ?

While they are in gaol they never escape the attention of police. There is always the outside chance that they might admit to other crimes or more likely, rat on others like them.

As well, if confessing automatically delivers the 'proof' that some here require in order to agree to capital punishment, why then would they admit anything at all?

I would like them to do hard labour, or at the very least provide for their own food.

However, the prevailing 'progressivism' dictates that loss of liberty is their punishment and other than that they should be treated as guests of Her Majesty. As guests they have rights, including for example medical treatment that ordinary law-abiding citizens on the outside cannot afford and wait for years for.

If only the media wouldn't keep giving them publicity when they are in gaol.

Hi there ONTHEBEACH...

Regrettably, you're absolutely correct ! A convicted criminal is sent to gaol as a punishment, not FOR punishment ? I'm not saying they have an easy time of it whilst locked up. Nevertheless, they are afforded the best of medical treatment, and there's even evidence that a 'sex re-assignment' surgery was undertaken, at tax payers expense ? Apparently, it was medically asserted, that for the inmate in question to seriously engage in a sustained programme of rehabilitation, he must first feel emotionally stable as a female, before any meaningful success could be expected ? Therefore the surgery was consequently approved.

Personally, if that's what it takes to 'turn' these blokes around, from a life of a career criminal, then so be it. Whether it's a waste of tax payers money, who am I to judge ? My working life was dedicated to catching these blokes, and locking 'em up ! The moralising and pontificating, I'll leave that to the academics ?

Foxy, he was also trying to impress his would be gang members, and there is always a slim chance he knew of the murder, and where it happened and was taking the bragging rights to the crime. Very unlikely, but possible.

On the beach, I have often thought gaol should be more like whole in the ground, where the worse the crime, the deeper and darker the whole, but, gaol should also be reserved for hardened criminals only, not full of people who failed to pay a speeding fine, or such.

As for food, they get what is sent to the salvos and, if it happens to be stew every night of the week, tough!

I used to serve one of the prisons wit meat and I was astounded to see a white board in the kitchen saying the likes of, "#625 is allergic to seafood, or #728 requires soy milk", that's a joke.

Typically they were given a choice of two mains, usually one meat, one fish/chicken. On Sundays they had roast night, with a choice of two from beef, lamb, pork and chicken. In fact, if it were chicken, it was half a size 11 bird each.

They had a huge marble table for making their pastries and bread, that's right, pastries. It was decided that marble was better t work with than stainless steel.

The kitchen was fitted out with state of the art brat pans, steam cookers and tilt kettles, the likes many restaurants dream of having.

I remember them holding an indigenous family day one Sunday, I had to make 120 special BBQ sausage, then, when the other inmates found out I had to rush about 600 more up, to avoid a riot I was told.

Prison is a joke, and in fact, many reoffend so as to get sent back, as they get better treatment than our pensioners in many cases.

That's why I say gaol should be a hole in the ground where you are fed left overs. If you don't like it, don't put yourself there.

Dear rehctub,

As long as these dangerous psychopaths are not allowed back
into our communities to do harm - that's my main
concern. Part of the problem appears to be that mental
disorders are hard to prove. There's rarely a simple,
clinical test to determine if and how someone is mentally
disordered. Instead the decision depends on the opinion
of trained observers - who frequently disagree among
themselves - and thus we get these dangerous psychopaths
being released back into our society to do more damage.
As has happened in this case.

Foxy,

Why must you have it that psychopathy and sociopathy are 'mental illnesses'? Is it a refusal to believe that people, men and women, offend by choice?

Harden up and accept that there are evil people in the world and all that stands between them and you is the cooperation of other people in informing the police so that they can collar the mongrels.

o sung wu & rehtub,

I would much rather that the grubs receive a .308 as early in their careers as possible. Thinking rationally however, there is more to be gained from keeping them in a cell somewhere out of contact with the public. The question is how to do that economically, but given that they are most usually sly, lazy and forever manipulative and dangerous, and there are always hanky-wringers who protest for prisoner 'rights' to embarrass authorities, the options are few and expensive.

None of that should prevent them from doing hard labor as prisoners once did, before the aforementioned hanky-wringers discovered that it is always society at fault and never the offenders, who must be mentally challenged and misled through society's 'unfair' prior treatment of them.

Amazing that railway fettlers and farm workers can work under conditions that the hanky-wringing prisoner rights mob would never countenance for the violent thugs who fill the gaols. The lunar Greens and assorted elements who pose as the 'Left' (but would be unrecognisable to any real leftie) protect criminals and do not even accord ordinary, law-abiding citizens the right to defend themselves in their own home.

Hi there REHTUB, ONTHEBEACH and FOXY...

Just for your information, there is a clear test in law for those claiming they were insane, at the time they allegedly committed a crime, in other words 'Diminished Responsibility'. The test is called the 'McNaghten Rules'. It goes something like this;

'...It is a defence to criminal prosecution for the accused to show that, at the time of committing the act, he was labouring under such a defect of reason, from a disease of the mind, as to not know the nature and quality of the act he was doing, or if he did know this, that he did not know, that what he was doing was wrong...'

The McNaghten case was established in England in 1843, and the precedent came at McNaghten's own trial for murder, before Tindal CJ and two other judges.

I might add, to raise a defence based on insanity (McNaghtens Rules) is relatively difficulty, with many attempting and few succeeding...thankfully.

I hope this explains a little on criminal capacity, 'diminished responsibility' ?

otb,

I'm not claiming anything of the sort. I was merely looking
for answers as to why this particular person was released
with his disturbing past record - back into the community,
and being concerned that this could happen again.
Therefore I put it down to the fact that in his case - it was
probably due to the fact that mental disorders are complex
issues for the authorities to deal with.

Dear o sung wu,

In this particular case - hopefully the offender will not
be released so easily on a plea of "diminished responsibility."
(whatever). Still the decision will depend I guess on the
future findings of "trained observers."
We can only hope that this will not happen and that Daniel's
parents will have some influence.

Hello Foxy...

I hope you're feeling much better, and getting well on top of your medical issues ?

Anyway, just to explain a little further on this insanity defence; it can only be raised when a plea is made, not after, not on appeal. For example, if this guy seeks leave to appeal on say, 'severity' ? He can't very well turn around and claim, diminished responsibility at the appellant hearing ?

There's another sentencing option the presiding justice could have made - that of 'Governor's Pleasure' aka GP. This is an indeterminable period of imprisonment, without any consideration of parole, or other mitigating circumstances. The inmate can only be released by the (State) Governor, on the advice and recommendation of the Executive Council. Convicted individuals hate such a penalty, as you can well imagine.

O sung, not sure, but I would assume that insanity was only a way to avoid the death penalty in those days and, if a person does claim to hab been insane, then more the reason why they should be institutionalized so they can be cared for and have their illness managed.

Hi there BUTCH my friend...

You are no doubt quite correct, when you say many would try to use a plea of insanity in order to beat the rope.

Given 'McNaghtens Rules' is a relatively old judgement (1843), nevertheless it still applies equally today, as the only true measure of insanity available, in the English/Australian criminal jurisprudence.

I entertain no illusions whatsoever, there are perhaps many deficiencies contained in that precedent ? Still that's all we've got at the moment, unless and until, our erudite politicians and distinguished jurists, decide on some other yardstick, in which to determine more accurately, a plea of 'Insanity' ?

Thanks BUTCH.

rehctub,

Going back to your OP, the very best defence is that police become aware of complaints early and that they have excellent intel from the public. The latter doesn't mean a nation of deputies and 'dobbers', but ordinary honest people feeling they can report suspicious behaviour to the police and that the police will take heed.

There needs to be a lot more support for the police and the police in turn need to be more aware of the need to build good relations with the public. Unfortunately it only takes seconds for one overzealous cowboy traffic cop to undo many hours of good work and relationship-building by other police.

Dear o sung wu,

Thank You for your concern about my health.
I am booked in to have a repeat of the Catheter
Ablation procedure (for Atrial Fibrillation)
in July. Apparently last year's Ablation was not
successful. Fingers-crossed that this one will be.

I've been watching the news and it seems that there's
an appeal been made against the length of the sentence of this
killer - Daniel's mother spoke that they support the appeal
and agree that the killer's sentence was not long enough.
So perhaps if the appeal is granted - perhaps this man
will never leave jail. One can only hope this will happen.

Hi again FOXY...

I can only wish for absolute success with your next procedure. July has always been my lucky month, as it will no doubt, be for you too FOXY.

I'm not sure who's lodged the appeal, the Crown, or the criminal ? In any event, with my limited knowledge of the workings of the DPP, if the Crown has appealed because there's a strong belief, the sentence given by the Trial Justice, is manifestly lenient, then there's a reasonably good chance it may be upheld, and the head sentence increased.

If however, the criminal appeals his sentence on grounds it is substantially to long, he should exercise great care, because the CCA may well increase his sentence, rather then reduce it ? This fellow has a long list of prior crimes of similar facts, therefore the Court might view the existing sentence, as being too light and increase it ?

From the little I know, he received a reasonably light sentence, considering his criminal antecedents and the heinous nature of this crime !

Please take good care of yourself FOXY.

O sung, the appeal has been launched by the government, not the criminal.

If ever there were a case for a 'never to be released sentence' this is one such case, simply because he is a 'convicted' triple repeat offender and, despite being granted freedom, twice,on the grounds he had be rehabilitated, he has refunded.

They should literally throw away the key, because If they don't, serious questions have to be asked about how the judicial system is in place to protect the rights of every day law abiding citizens. Especially our most vulnerable, they being our women, kids and elderly.

Dear o sung wu,

Thank You so much for your good wishes.
Fingers-crossed that everything works out this
time.

It isn't the criminal making the appeal. And it
is asking for a longer sentence (life - without
parole).

Dear rehctub,

Hopefully the appeal will be granted and this
man will never be released on parole.

Hi there FOXY and REHCTUB...

Thank you for telling me, I haven't been following the case too closely ?

So it was DPP who's lodged the appeal, and they aren't particularly keen in appealing any sentence if they harbour the slightest belief, the appeal will be dismissed. Again, it's all a case of money. To mount an appeal, it costs. So unless they're on fairly sure grounds, they won't !

In this case, it looks good. BUTCH, I share your view that this individual should remain in gaol for the rest of his natural life - in other words, he should die in gaol.

However, don't bet on the CCA increasing his sentence to that of 'life' in perpetuity ? It will be more like an increase of his NPP, of the original twenty years. I hope I'm wrong, and they hit this bastard very hard ! They have the power to lock him up forever, save an appeal to the High Court perhaps ? Clearly I don't know.

Take care FOXY please !

How the hell does someone with such a despicable criminal history, who is a repeat, repeat offender get granted ANY form of (tax payer) legal defense? And just as bad who in their right mind would want to be in that position? Money must talk Very loudly to some.
Surely the only defense they could seriously come up with would be an insanity plea (used a bit I gather) in which case gives no less reason for him not to be removed completely from society. Extenuating circumstances,eg having been abused as a child ( which I believed is another often used defense for such criminals), should have been recognized long ago after his earlier offenses. Too little too late.

Hi there JODELIE...

I can fully appreciate your deeply held sentiments in this matter, in fact your feelings are probably magnified and amplified broadly throughout the entire community ? Still the law as it stands must be followed strictly with all that comes within it's broad reach, including individuals who commit these heinous and odious crimes against our precious young, women, the elderly and other people who, through no reason other than being decrepit and profoundly infirm, cannot defend themselves against a violent attack.

But, all of us are entitled to receive the best defence that's available pursuant to our legal system, and it would appear this individual, is receiving the very best defence he can get ? That said, it would appear the Crown are not satisfied either, with the sentence the trial justice imposed, therefore they've lodged an appeal on the grounds that the penalty is manifestly inadequate for the horrific and hideous nature of the crime. Perhaps on this occasion, the community anger might well be assuaged and mollified, if the CCA bring down a substantially heavier sentence ?

Well JODELIE, perhaps now we can finally see some real equity emerge from our seemingly 'flaccid' justice system. And it's about time wouldn't you say ?

Thanks O sung wu.
(Been away for a while) Time to toughen up on these criminals

This criminal is slightly different from the subject but a criminal none the less.
A male (in-law), recently rode his motor bike on a very busy, popular street, into a Father and son. He tried to start the bike, unsuccessfully, attempts by citizens were made to detain him but he fled the scene. Father injured and son critical.
We were informed by friends that said relative was involved and was in hiding. He had a crime filled past and now it appeared he'd finally done his dash. After the greatest of efforts to make him realize the seriousness of what he had done, looking for a tad of remorse, he handed himself in.
While waiting for his hearing we reluctantly offered a room in our home, get him off the streets, and away from undesirable elements. Having someone of this mentality who continued to associate with druggies and crims took its toll and he was asked to leave.
He rebelled and caused a fair bit of grief for us, once having to call the police who knew him and some of the basics ; Avo's,Dvo's , and many previous driving offences.(he again fled)
He is still wreaking havoc with one week till his final sentencing.
He recently stole and sold on my partners motor bike. While he is out still free, going to the police just cant happen as he will once again retaliate and possibly carry out previous threats.
The frustrating part is almost all of his teen, adult life he has left a path of destruction, when caught generally results in a slap on the wrist. Well thats gunna help!
I just hope he gets to see the inside of a jail cell for a while, where his tough talk will be challenged and no fleeing anywhere.