ARREST!!! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#24

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Originally Posted by possumheart
Does anyone know if there are situations where lawyers/barristers advise clients to plead guilty?
If so, does that mean that the details of the crime are then supressed?

There are often situations where the client is advised to plead guilty.. there is an automatic discount in sentencing for pleading guilty, sometimes its about 20% off the desgnated penalty.. sometimes less, sometimes more...it doesnt follow that the client follows this advice, though.

The details of the crime are never supressed, really. They are summed up in the sentencing of the perpetrator by the judge, in very elegant straightforward terms that have the ring of utter total ghastliness and are usually up on the Australasian Legal Information Institute website within hours of that pronouncement. AustLII

The only supression that I am aware of is if the perpetrator is underage, and then the initials only are used... but the crime itself is outlined, from start to finish.

The lawyer has the job of assessing the evidence and advising the client on the basis of that and the client's instructions. They cannot ethically advise a client on how to plead. That must be fully the client's decision. They can explain the consequences of a guilty plea. For murder there is no sentencing discount in Qld so often an accused will just roll the dice and see if the Crown evidence all comes up to scratch. On occasion, cross examination will castr doubt on the strength or reliability of the evidence of a witness. Sometimes errors will be uncovered in the way forensic evidence has been dealt with or intepreted. If there is a guilty plea to murder then the circumstances are not likely to be discussed in any depth at sentencing. The penalty is pre-set and the Crown will not have tendered its evidence as to the circumstances at trial.

If there is a plea of guilty to manslaughter then there can be a sentencing discount. To be of any signficiant quantum though, it needs to come fairly early on as the discount is largely for saving the time, expense and trauma of a trial, not for any show of remorse or contrition of the offender. Those latter things can be a separate mitigating factor. All IMO.
 
June 18, 2012 12:52PM

THE Queensland Police Service has sought legal advice on some Facebook comments posted about the arrest of Gerard Baden-Clay.
Baden-Clay was last week charged with the murder of his wife Allison, who he reported missing from their Brisbane home on April 20.

He remains in custody ahead of a bail application this week.

Police say they sought the opinion of the police service solicitor after a Bond University professor of journalism flagged potential legal issues with some comments

http://www.couriermail.com.au/news/...erard-baden-clay/story-e6freoof-1226398656193

That's why I didn't comment on QPS!!! Too much potential trouble for them!!
 
i didn't realise Olivia children didn't attend, perhaps that was the excuse for there Dad not being there as well. Odd family dynamic.

I totally agree with you, i think young children give support to each other in time of grief, and shared memories are really helpful. Children have an innocence and lack of remorse that adults find uncomfortable but that there peers expect.
Not saying this is the case here, but there are people who honestly believe that children should be spared going to a funeral and that it's not a place for them to be.

I have no clue, but maybe Olivia's husband didn't have much personal interaction with Allison or her family other than possibly the occasional family gathering. I know plenty of people who aren't close to some of the relatives by marriage and have no interest in attending family functions even if their spouse and children go.

For example, my mates mean heaps more to me than some of the more 'distant' family members be they from my family or family members via marriage. My husband died about a year and half ago and he has some aunties, uncles, nieces, nephews and cousins who I hardly knew and will probably never see again unless I bump into them on a street, that is, if I happen to recognise them.
 
a guilty plea does not have the consequence of the details of the crime being supressed. Crime is public, and so is Law.. it must be seen to be done, there fore, the crime itself, whether the plea is guilty, not guilty, is summed up in all its excrutiating detail by the judge, or judges at the end of the trial. This is the record of the conviction and what the sentence is for.
 
http://www.brisbanetimes.com.au/que...-unit-ahead-of-court-date-20120618-20jkx.html

Baden-Clay remains in medical unit ahead of court date

Gerard Baden-Clay will not spend a night in his prison cell until at least after his appearance in court on Thursday.

Since his brief appearance in court last week Mr Baden-Clay has been held at the medical unit of Arthur Gorrie Correctional Centre in Wacol while he has undergone assessment.

A spokesman for the Department of Community Safety confirmed that although Mr Baden-Clay's medical evaluation has been completed he is being held in the medical unit until Thursday, when he will apply to the Supreme Court for bail.

The details of the medical evaluation will not be made public.


Read more: http://www.brisbanetimes.com.au/que...-court-date-20120618-20jkx.html#ixzz1y7T0rlCy


Is this a new article?
 
http://www.brisbanetimes.com.au/que...-unit-ahead-of-court-date-20120618-20jkx.html

Baden-Clay remains in medical unit ahead of court date

Gerard Baden-Clay will not spend a night in his prison cell until at least after his appearance in court on Thursday.

Since his brief appearance in court last week Mr Baden-Clay has been held at the medical unit of Arthur Gorrie Correctional Centre in Wacol while he has undergone assessment.

A spokesman for the Department of Community Safety confirmed that although Mr Baden-Clay's medical evaluation has been completed he is being held in the medical unit until Thursday, when he will apply to the Supreme Court for bail.

The details of the medical evaluation will not be made public.


Read more: http://www.brisbanetimes.com.au/que...-court-date-20120618-20jkx.html#ixzz1y7T0rlCy


Is this a new article?

I think it's an update on a previous report...thanks Nads.
 
I commend the Dickies for the dignity and restraint they have shown over the previous months.What courage they have shown. I don't know if I would have been so gracious (unfortunately).If Allison had confided in her mum that her marriage was on the rocks and this tragedy occurred it must have taken every ounce of self control not to confront GBC face to face.I think I'd be like a Bull in a china shop."Look me in the eyes , tell ME about that night I want to know everything Gerard"."Did you hurt Allison?" I don't think I'd let up I would be so angry and frustrated at his actions during the search for her and after.
They are amazing people and must have incredible confidence that Justice will prevail. My hat goes off to the Dickies. MOO

Yes, exactly. I had occassion to be sitting nearby Mrs. Dickie at one point in those first few days. What you describe is exactly what I saw coming from her eyes. One heck of a strong woman, IMO
 
Hawkins if you're still around...you posted these words a few weeks back before there was mention in GBC's charges of "interfering with a corpse"....were you referring to the actual murder or the interfering with??

"a particularly nasty and confronting matter. Not the sort of case that would be pleasant for jurors"
 
A friend of my family in the USA was killed last week after going for a jog with her sister. Very sad. Her unborn baby was also killed as a result. The differences were that it was a stranger who killed her (random robbery) and secondly the penalty will be FAR greater. Our punishments here are so lax in comparison. Murder is what? Approx 20 years?

Oh my, that is such distressing news sleuth. Deepest condolences to you, your family....and her family....My, did she have other children?...Her partner must be so upset. :(
 
http://www.brisbanetimes.com.au/que...-unit-ahead-of-court-date-20120618-20jkx.html

Baden-Clay remains in medical unit ahead of court date

Gerard Baden-Clay will not spend a night in his prison cell until at least after his appearance in court on Thursday.

Since his brief appearance in court last week Mr Baden-Clay has been held at the medical unit of Arthur Gorrie Correctional Centre in Wacol while he has undergone assessment.

A spokesman for the Department of Community Safety confirmed that although Mr Baden-Clay's medical evaluation has been completed he is being held in the medical unit until Thursday, when he will apply to the Supreme Court for bail.

The details of the medical evaluation will not be made public.


Read more: http://www.brisbanetimes.com.au/que...-court-date-20120618-20jkx.html#ixzz1y7T0rlCy


Is this a new article?

So hes wandering around town one minute, looking fine and dandy thankyou, but the minute he's arrested he's in need of hospital care?

Yeah right.

Typical of the cowardly murderer. Hide behind your doctors. It's only delaying the inevitable.
 
Oh my, that is such distressing news sleuth. Deepest condolences to you, your family....and her family....My, did she have other children?...Her partner must be so upset. :(

She had 3 other children Willough. Super loving family and very highly regarded in the community. Completely random crime and very swiftly solved.... This criminal looks like he will be charged in the USA with a charge similar to GBC for interference with a corpse. Similarly, for the same reasons....moving her to cover up the crime. This was an extremely random, opportunistic crime. All IMO
 
Sickening how much of a coward he seems to be - I agree Saphhire Steel - I hope that his charade of unwellness is something the judge can see straight through. Hopefully if he looks like he could self harm they will deny bail.

BTW twas me that 'suggested' that OW's kids were not at the funeral. I had seen pictures of ABC's sister and what I thought to be her kids but not OW's or so I thought this was my hearsay.....


Also I don't think ABC's best friend is wearing the green - she is wearing red/black dress and is the one in the photo with OW giving her a hug. OW looks quite afflicted in the photo despite her cover up sunnies. JMHO
 
She had 3 other children Willough. Super loving family and very highly regarded in the community. Completely random crime and very swiftly solved.... This criminal looks like he will be charged in the USA with a charge similar to GBC for interference with a corpse. Similarly, for the same reasons....moving her to cover up the crime. This was an extremely random, opportunistic crime. All IMO

Oh my stars.........A family's worst possible nightmare :( This is just so terrible for her family....What can one say? Not much....But I can offer a cyber hug...and just say i'm so sorry this has happened......What is this world coming to?

xx
 
Not saying this is the case here, but there are people who honestly believe that children should be spared going to a funeral and that it's not a place for them to be.

I have no clue, but maybe Olivia's husband didn't have much personal interaction with Allison or her family other than possibly the occasional family gathering. I know plenty of people who aren't close to some of the relatives by marriage and have no interest in attending family functions even if their spouse and children go.

For example, my mates mean heaps more to me than some of the more 'distant' family members be they from my family or family members via marriage. My husband died about a year and half ago and he has some aunties, uncles, nieces, nephews and cousins who I hardly knew and will probably never see again unless I bump into them on a street, that is, if I happen to recognise them.

Mr Walton read a brief passage from the bible at the funeral service.
 
I think just the opposite, Plenty... isnt diversity terrific?? :rocker:

I think that family has been cleaning up after Gerards messes all his life.. poor Gerard.. propping him up, paying this and that off, doing his tax returns, getting him into a business where they could keep an eye on him and his fiscal nincompoopery.. trying to keep a tight leash, which of course, has to be loosened every now and then, eg.. Toni and the cavalcade of extra women in his disorganised scattered life.. no way was he going to be allowed to have a free reign at his franchise, Gerard needs supervision at all times. Get him on this committee, that board, this charity... maintain the facade at all costs.

Nincompoopery - love it! Wonder if Kimster has been googling away on this one, thinking "those crazy Aussies !" :)

But yes, you could well be right re GBC's finances, or lack thereof. Money had to have gone somewhere.....IMO
 
Im starting to think that maybe we shouldnt post anymore....and that any posts done post his arrest should be deleted.

I think that should be a personal choice and you can choose to do that if you like

edited to say in case you are sensitive that this is not an attack.
 
So hes wandering around town one minute, looking fine and dandy thankyou, but the minute he's arrested he's in need of hospital care?

Yeah right.

Typical of the cowardly murderer. Hide behind your doctors. It's only delaying the inevitable.
"I was a little bit hurt. But I'm OK."
 
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