Part with five sentences of life imprisonment. b) There

Part D –
Case Studies

Case 1:
Robert Xie

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a)    Case Summary

In July 2009, in one of the most violent murders ever reported in
Australia, five members of the Lin family were murdered in their North Epping
home while they slept. Robert Xie (defendant) was accused of murdering all five
people.  In the eight years since the
murder, four trials have been to court. New evidence was introduced on June 29
2016 and on January 12 2017, Xie was found guilty of five counts of murder and
charged with five sentences of life imprisonment.

 

b)    There were four trials in this case.

The first trial began in May 2014; where the jury was told Xie allegedly made
confessions to a fellow prison inmate about the murders. This trial was aborted
after new evidence was introduced. The second trial began in August 2014 with
new allegations of an illicit sexual motive. This trial was aborted in
late September as the presiding judge became ill. Xie was refused bail on
October 13 2014. The third trial began in February 2015 and ran until December
2015. However, the trial concluded in a hung jury ie the jury could not agree unanimously
if Xie was guilty or not. Xie had always maintained he was innocent throughout
all trials. The fourth trial began on June 29 2016 where he was found guilty of
five counts of murder. There was procedural fairness as it was a fair hearing
and the decision was made by an unbiased decision maker – the two principles of
procedural fairness.

 

c)    
Justice was achieved as there was
equality, access to the law and fairness.

Offender

There was equality as even though Xie was a murderer he was treated
equally under the law. Also, Xie had access to the legal system and a
barrister. Justice was achieved for the offender Robert Xie as he was given the
correct punishment of life imprisonment, he had access to the law and he was
treated fairly throughout the case.

Society

Justice was achieved for society as society needs a fair and efficient
criminal justice system. Through having four trials and getting the correct
decision and the correct punishment, Robert Xie was put in jail so society was
“Safe”, thus achieving justice for society.

Victim

Justice was achieved for the victim (Lin’s Grandparents/wife of Robert
Xie) as the person responsible for murdering their family members was sentenced
to life imprisonment however, justice may not have been achieved as the
grandparents and the wife will never get their family back which can most
likely never be forgiven and forgotten. Also, the case stretched over an 8-year
period which would have brought great stress and attention to the family,
knowing that Xie was guilty of murder.

D) No laws were reformed during the case

E) Robert Xie Murder Trial: the
evidence that helped catch a killer. ABC News 16/1/17 see attached