Life sentence for Daniel’s killer

Years before Brett Cowan abducted Daniel Morcombe he appeared in this interview from Front Up in 1999. Courtesy: SBS

Daniel Morcombe was abducted and murdered by Brett Cowan. Source: News Corp Australia

THE serial pedophile found guilty of murdering Queensland schoolboy Daniel Morcombe has been sentenced to life in prison, with the judge saying he is "beyond rehabilitation".

Brett Peter Cowan, 44, will likely spend the rest of his life behind bars.

In an emotional address, Supreme Court Justice Roslyn Atkinson set a minimum non-parole period of 20 years, but added he should never be released.

Cowan showed no emotion as sentence was passed.

Justice Atkinson was required to sentence Cowan to a non-parole period of at least 15 years, but said she felt Cowan's crimes warranted a harsher penalty.

"Everything about what you did to that child was horrific and disgraceful,'' she told Cowan in the Brisbane courtroom.

"This is not just a murder, but a terrible murder. It has had widespread and shocking impacts.''

She said it was important to also make it clear the community denounced the conduct in which he was involved and to protect the Queensland community from him.

"For the offence of murder the only sentence available is life imprisonment and yours is a case where that sentence is certainly appropriate,'' she said.

"For the reasons set out by the learned prosecutor in his addres I am able to set a parole eligibility date later than 15 years, which is the statutory minimum.''

She said in view of his criminal history and ``enormity'' of the crimes he had committed it was appropriate to set parole eligibility after 20 years served in jail.

"They should take into account that you are a plausible and opportunistic liar before they consider any view you might have about whether or not you have been rehabilitated,'' she said.

She said on count two, the charge of indecently dealing with a child, she sentenced Cowan to 3.5 years in jail to be served concurrently with the life sentence.

Justice Atkinson said she sentenced him to misconduct with a corpse at the maximum available penalty, two years in jail to be served concurrently.

She took into account 945 days Cowan had served in pre-sentence custody.

Jurors on Thursday found the 44-year-old father of three guilty of indecently dealing with 13-year-old Daniel, murdering him and interfering with his corpse after luring him from a Sunshine Coast bus stop on December 7, 2003.

The Morcombes did not wish to be present for sentencing. They were instead at a fundraising event for the Daniel Morcombe Foundation at Carbrook Golf Club.

A clearly emotional Justice Roslyn Atkinson addressed Cowan before passing sentence.

She said Cowan saw an opportunity on the day he took Daniel Morcombe.

"You were, in your own words an opportunistic offender, you were waiting for an opportunity,'' she said.

Supreme Court Judge Roslyn Atkinson made an emotional closing statement before sentencing Cowan. Source: News Limited

She said Cowan offered the boy a lift, a plausible story and told him you were waiting for a friend.

"You didn't look like a monster, you didn't look like a paedophile you looked like an ordinary persona and you persuaded him that would be a safe thing for him to do,'' she said.

Justice Atkinson said Cowan took Daniel to an isolated area off Kings Rd.

"He didn't know what your intentions were. When you got him inside, you indecently dealt with him, you attempted to pull down his pants, he was obviously horrified, he resisted and tried to run away,'' she said.

"You knew that if he ran away he would be able to identify you, your car, the place where you'd taken him, your registration number, you knew if he ran away you'd be caught so you killed him.

"Killed him because you didn't want to get caught. Killed him intending to kill him.''

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Justice has been served for the family of Daniel Morcombe, with Brett Peter Cowan found guilty of his murder

Justice Atkinson said it would have taken more than ``a few seconds'' to kill him.

"You put his body in the back of a car, drove to the old sandmining site…,'' she said.

"You covered him with branches and left him. When you returned a week later his body was for the most part gone, no doubt disturbed and torn apart by wild animals.''

She said everything about what Cowan had done to the boy was ``horrific and disgraceful''.

"This is not just a murder but a terrible murder. It has had widespread and shocking impacts of course and primarily, on his family, his parents and of course his two brothers, particularly his twin brothers.

"But you gave no thought to them and its not apparent to me that you've ever given any thought to that or to them.

"I've seen no evidence in the months you've been in this court … that you ever felt any remorse for what you did apart from feeling sorry for yourself that you might get caught.''

She said the abduction of a child in broad daylight by a stranger was very unusual and for that "we can all be extremely grateful''.

"The fear of the stranger drives fear into the hearts of everyone in the community that vulnerable children might be taken by a predator like you and dealt with in this way,'' she said.

"These are chilling and disgraceful crimes.''

Media swarm the prison van carrying Brett Cowan to jail after his sentencing Source: News Corp Australia

She said Cowan was now aged 44, but was 34 when he killed Daniel Morcombe.

Justice Atkinson said he had committed terrible crimes throughout his life, escalating in offending.

"When I talk about your upbringing of course it reminds me of other victims of these crimes: your family, your parents, siblings and most terribly your own children who will forever be associated with you and your name,'' she said.

She said Cowan's criminal history commenced when he was 17 and convicted for break and enter and unlawful use of a motor vehicle.

Justice Atkinson said Cowan was convicted in the District Court in Brisbane with indecent dealing with a boy under 14 on September 8, 1989, a crime committed on December 5, 1987.

She said the boy was seven-years-old and Cowan was acquitted of the offence of sodomy.

"You were sentenced to two years imprisonment,'' she said.

She said Cowan continued to offend in minor ways, but most importantly went to the Northern Territory and committed a ``horrific'' series of offences against a small boy who was only six.

"Again you just took advantage of an opportunity to commit acts of sexual violence against this child,'' she said.

Justice Atkinson said Cowan was convicted of an aggravated act of gross indecency, deprivation of liberty and another offence in relation to the offence.

She said Cowan was sentenced to seven years and ``pretended to be keen to be rehabilitated''.

"You are a convincing, plausible and adaptive liar and you are prepared to lie to advance your own interests,'' she said.

Killer Brett Peter Cowan. He is responsible for sex attacks on up to 30 children and was previously jailed for nearly killing a young boy in a brutal frenzy. Source: Supplied

"None of the Morcombe family wish to be present for the sentencing proceedings, for reasons that are personal to them,'' Crown prosecutor Michael Byrne QC said.

He said the family had asked him to pass on their gratitude to the court.

Detectives who worked the case sat in the seats at the front of the public gallery that Bruce and Denise Morcombe had filled since the commencement of the trial on February 10.

Cowan, also known as Shaddo N-unyah Hunter, stood in the prisoner's dock wearing the same grey suit jacket he has been dressed in over the past five weeks.

Justice Atkinson had words to those who called for longer or harsher sentences against sex offenders.

"People who call for longer or harsher sentences against sex offenders need to consider the evidence in this case that Mr Cowan killed Daniel Morcombe to avoid detection and if the sentence for a sex offence is the same as a sentence for murder, my concern is that would act as a perverse incentive to offenders to kill victims,'' she said.

"Killing a victim is worse than sexual offending against a victim and this case is an example of that.

"I just want to ensure that I have said that, so that those who call for greater sentencing of sex offenders have to be aware that this is not an area where there are simple solutions.

``That is not to suggest the courts should or do go easy on sex offenders whose behaviour is of course, entirely abhorrent.''

Justice Atkinson first heard then rejected an application from The Courier Mail and other media to broadcast the sentencing.

The crown prosecution had argued that Cowan should be jailed without parole for longer than the mandatory minimum 15 years.

Jurors on Thursday found the 44-year-old father of three guilty of indecently dealing with 13-year-old Daniel, murdering him and interfering with his corpse after luring him from a Sunshine Coast bus stop on December 7, 2003.

Decades before the disappearance of schoolboy Daniel Morcombe, his killer, Brett Peter Cowan was abducting and molesting children.

After deliberating for almost eight hours, the jury was discharged on Thursday after reaching a unanimous verdict.

The Courier Mail is now able to reveal Cowan's perverted sexual past, which includes horrific sex attacks on boys in Brisbane and Darwin in 1987 and 1993, for which he served nine years in jail.

During sentencing submissions before Supreme Court justice Rosyln Atkinson, crown prosecutor Michael Byrne QC argued Cowan deserved a longer sentence.

He cited Cowan's previous convictions, which the jury was not told about, including the rape of boys aged six and seven.

But Cowan's defence lawyer, Angus Edwards, argued his client deserved a more lenient sentence because he didn't intentionally kill Daniel.

Daniel's parents Bruce and Denise have tendered victim impact statements describing the anguish of losing their son at the hands of a child molester.

With Cowan present in the courtroom, Denise Morcombe described him as a ``perverted soul'' who underestimated the Morcombe family's drive to catch Daniel's killer.

"That was your mistake, you evil, evil, unhuman thing,'' she wrote.

Cowan isn't listed with the Supreme Court for Friday but a Department of Justice spokesman said the judge would be delivering a sentence.

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