Part D –Case StudiesCase 1:Robert Xie a) Case SummaryIn July 2009, in one of the most violent murders ever reported inAustralia, five members of the Lin family were murdered in their North Eppinghome while they slept. Robert Xie (defendant) was accused of murdering all fivepeople.
In the eight years since themurder, four trials have been to court. New evidence was introduced on June 292016 and on January 12 2017, Xie was found guilty of five counts of murder andcharged 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 madeconfessions to a fellow prison inmate about the murders. This trial was abortedafter new evidence was introduced. The second trial began in August 2014 withnew allegations of an illicit sexual motive. This trial was aborted inlate September as the presiding judge became ill.
Xie was refused bail onOctober 13 2014. The third trial began in February 2015 and ran until December2015. However, the trial concluded in a hung jury ie the jury could not agree unanimouslyif Xie was guilty or not.
Xie had always maintained he was innocent throughoutall trials. The fourth trial began on June 29 2016 where he was found guilty offive counts of murder. There was procedural fairness as it was a fair hearingand the decision was made by an unbiased decision maker – the two principles ofprocedural fairness. c) Justice was achieved as there wasequality, access to the law and fairness.Offender There was equality as even though Xie was a murderer he was treatedequally under the law. Also, Xie had access to the legal system and abarrister. Justice was achieved for the offender Robert Xie as he was given thecorrect punishment of life imprisonment, he had access to the law and he wastreated fairly throughout the case.
SocietyJustice was achieved for society as society needs a fair and efficientcriminal justice system. Through having four trials and getting the correctdecision and the correct punishment, Robert Xie was put in jail so society was”Safe”, thus achieving justice for society.VictimJustice was achieved for the victim (Lin’s Grandparents/wife of RobertXie) as the person responsible for murdering their family members was sentencedto life imprisonment however, justice may not have been achieved as thegrandparents and the wife will never get their family back which can mostlikely never be forgiven and forgotten. Also, the case stretched over an 8-yearperiod 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 caseE) Robert Xie Murder Trial: theevidence that helped catch a killer.
ABC News 16/1/17 see attached