Jury instructed on murder conviction for Morcombe trial
UPDATE 4.03PM: A JURY has been told they have two basis on which they can convict accused man Brett Peter Cowan of murdering Daniel James Morcombe.
They first have to be satisfied that Daniel is dead, that Mr Cowan killed him and that the killing was unlawful.
To convict on murder, the jury must be satisfied Mr Cowan "intended" to cause Daniel's death or cause him grievous bodily harm that, if left untreated, was likely to endanger life or cause permanent injury.
If they are not satisfied Mr Cowan intended to kill Daniel, they can turn to a second basis for a murder conviction.
Under the alternate option, the jury must be satisfied Mr Cowan did an act that caused Daniel's death and that act was of such a nature it would likely endanger Daniel's life.
The final hurdle to convict him on the second basis for murder is that he did that act in carrying out the unlawful purpose of indecently dealing with him.
If the jury cannot be satisfied of either basis, they can turn to manslaughter as an option.
To convict Mr Cowan of indecently dealing with Daniel, the jury must be satisfied he "dealt" with him which means he touched him or acted towards the child in an indecent way.
"(It's) what you would regard as indecent," Justice Ros Atkinson said.
"It's what offends against accepted standards of decency and that must always be judged in light of the time and place and circumstances."
To convict of interfering with a dead human body, the prosecution must prove Mr Cowan interfered with Daniel's corpse and that it was improper.
In this respect you as the jury represent the standards of the community to decide whether public morality or public decency has been offended by the manner in which the body was treated," Justice Atkinson said.
The jury was also warned against listening to any external influences and from posting anything about the case on social media.
Justice Atkinson said they must put anything they had heard about the case - recollections or anything from TV, radio or other media - out of their minds.
She said they must be the impartial judgers of the facts - assessing them fairly, calmly, without prejudice and solely on the evidence.
"You must not decide the case on anything outside the court," she said.
Justice Atkinson finished her address to the jury about 3.30pm.
The prosecution and defence are expected to provide opening statements outlining their cases on Tuesday morning.
Judge tells Morcombe jurors they have a daunting task ahead
UPDATE 2.55PM: A SUPREME court justice has told 15 jurors they have a "daunting task" as they sit in judgment of a man accused of murdering Daniel Morcombe.
Justice Ros Atkinson said she doubted on Friday last week that any of them could have imagined they would be sitting in a jury box charged with the duty they now had.
She explained the court process and the roles of everyone in the court room to make the jurors "feel as relaxed as it's possible for you to feel".
"The verdict will be your judgment of whether or not the defendant (Cowan) is guilty or not guilty of each of the charges he faces," she said..
"A defendant in a criminal trial is presumed to be innocent
"If he's to be convicted it's because the prosecution has satisfied you beyond reasonable doubt of that charge."
Justice Atkinson explained the three reserve jurors would stay for the duration of the trial but would slot into the jury proper if anyone fell ill or could no longer continue as a juror.
She said this would be an e-trial which means many of the exhibits will appear on monitors throughout the courtroom.
Justice Atkinson told the jury there was nothing unusual about Mr Cowan sitting in the prisoner's dock with prison guards on either side.
"While he's on trial, he's in the custody of the court," she said.
"Nothing unusual about that it's absolutely stock standard."
Justice Atkinson also noted the public gallery and how important it was to ensure criminal trials were conducted in public.
She said any member of the public was free to watch the trial and mentioned proceedings were being livestreamed to another courtroom if people wanted to watch without disturbing court proceedings.
Six men, six women chosen in Daniel Morcombe murder jury
1PM UPDATE: FIFTEEN jurors have now been empanelled in the Daniel Morcombe murder trial.
Six men and six women have indicated they can try Brett Peter Cowan impartially after being asked about pre-trial publicity or any connection to witnesses or the accused.
Four of them asked to be excused but were returned to the jury box.
There are three reserve jurors, one woman and two men, who will sit through the trial in case anyone from the jury proper cannot continue and must be excused at a later date.
In total six people were excused when they raised issues with impartiality or other problems relating to them being a jury member.
Six others were chosen in their place.
The jury has been told it is their duty to say whether Mr Cowan is guilty or not guilty.
Hundreds of other jurors, in another large courtroom that is linked via audio and video, have now been excused.
The jury has been told the trial will begin after lunch when Justice Ros Atkinson is expected to make her opening remarks to help the jury with their duties.
Seven men and five women among the jury
Twelve jurors have now been picked to deliberate over the Daniel Morcombe murder trial.
There are seven men and five women sitting in the jury box - most appear middle-aged.
There are also two young men.
Three reserve jurors are also expected to be chosen in case any jurors are unable to continue throughout the whole trial.
But even after those 15 are empanelled, they are expected to be asked a series of questions about whether they can continue.
Those who cannot stay the course of the trial because of personal commitments or do not think they can give Cowan a fair trial will likely be excused
Brett Peter Cowan pleads not guilty to murder of Daniel Morcombe
10.30AM UPDATE: THE man accused of killing Sunshine Coast schoolboy Daniel Morcombe has formally pleaded not guilty to murder in the Brisbane Supreme Court.
Brett Peter Cowan has also pleaded not guilty to indecently dealing with the 13-year-old Palmwoods boy and interfering with a dead human body.
Mr Cowan, a 44 year old father of three, arrived in court wearing a grey suit jacket and a diagonal striped tie with shades of blue.
The former Perth man was also arraigned under his other name, Shaddo N-unyah Hunter.
The jury selection process is underway with two already selected by 10.30am.
But their selection could change as the process continues throughout the day.
There are hundreds of potential jurors.
Mr Cowan is sitting in the open dock, less than one metre from the public gallery.
More than 150 witnesses, including Daniel's parents, could be called to give evidence during the trial which is being live-streamed into an adjacent room for media who cannot fit in the courtroom.
Daniel Morcombe's parents prepare for lengthy murder trial
9.50AM UPDATE: BRUCE and Denise Morcombe have arrived at Brisbane Supreme Court for the first day of a lengthy trial for the man accused of murdering their son Daniel.
Mr Morcombe told media outside the courthouse that they were anxious about the proceedings and noted it had been a long wait - 10 years, two months and three days since Daniel disappeared.
He thanked police, emergency services and media who helped along the way.
Daniel's brothers Dean and Brad are also here for the beginning of the trial.
The Morcombe family, Crown prosecutors, defence barristers and more than 20 media representatives are now setting up in court four for the jury selection process which will begin at 10am.
Once the jury is selected and accused man Brett Peter Cowan has entered a formal plea - expected to be not guilty - the trial will move to court 11 for the duration.
DANIEL MORCOMBE TIMELINE
December 7, 2003: Daniel disappears while waiting for a bus under the Kiel Mountain Overpass on Nambour Connection Rd, Woombye. He was on his way to buy Christmas presents for his family.
December 2003: Police place a mannequin at the spot where Daniel was last seen, sparking a massive reaction from potential witnesses. Police reveal details of a vehicle that might be linked to the disappearance. SES join search of bushland. Police reveal their grave fears for Daniel.
March 18, 2004: Daniel's parents meet with then-premier Peter Beattie, who declares a second Red Ribbon Day for a state-wide campaign aimed at protecting children.
April 2004: Bruce and Denise Morcombe launch an advertising campaign appealing for information.
May 25, 2004: Police put an extra 20 detectives on the case after receiving new leads.
June, 2004: A man faces Brisbane court for sending a hoax email to extort money from the Morcombes.
November 2004: Police release three sketches of a man seen standing near Daniel on Nambour Connection Rd, generated from multiple witness accounts. Police seize a van in Brisbane.
February 2005: Bruce and Denise announce the launch of the Daniel Morcombe Foundation.
December 2008: A $1 million reward offered for information that leads to an arrest.
May 2009: A clay model, created by combining elements of suspect sketches, is commissioned to help campaign for information from the public.
October 2010: A coronial inquest begins into Daniel's suspected abduction and murder.
December 19, 2010: Daniel's 21st birthday marks a poignant time in the middle of the coronial inquest.
August 13, 2011: Police arrest and charge a man with Daniel's murder.
Daniel Morcombe murder trial begins in Brisbane court
TODAY is 10 years, two months and three days since Daniel Morcombe set out Christmas shopping for his family and never returned.
His parents, Bruce and Denise, together with brothers Dean and Bradley, have faced tough hurdles ever since as they sought answers for his disappearance. But the next few months might be their most gruelling yet.
They will be steeling themselves to listen to gruesome details anticipated in the trial against the man accused of murdering the 13-year-old Sunshine Coast teen on December 7, 2003.
Crown prosecutors and defence lawyers will on Monday choose 12 jurors, and likely extra reserve jurors in case any must pull out, to sit in judgment of Brett Peter Cowan.
Cowan is expected to formally plead not guilty to murder, indecent treatment of a child and interfering with the body of the deceased on December 7, 2003.
There is a chance the Crown will begin opening its case against Cowan today but it is more likely the overview of the case will begin on Tuesday.
The case was originally set down for six weeks but Justice Ros Atkinson has indicated Fridays will become administration days for the lawyers and allow jurors to attend to personal business.
There have been suggestions the trial could extend to 10 weeks.
Daniel's story, which is now part of child safety curriculum across the country, has touched many and has become the most high-profile missing person's case in Queensland, and probably Australia.
APN will be there every day covering what has become the most high-profile missing persons case in Queensland, and probably Australia.
The Morcombe family plans to be there every day too. They will have their own room if they need to take a break from the shocking evidence as it unfolds.