Australia - Allison Baden-Clay, 43, Brisbane QLD, 19 April 2012 #18

[KG1]

Thanks. So if hypothetically speaking the BCs and sister in law found out after the fact (and say the mistress) and again hypothetically two were involved in assisting with the disposal of the body but the other two decided to remain silent and maintain a facade of not knowing all of them could be charged with being an 'accessory after the fact' but to differing degrees?

Hypothetically yes. However, the two not involved in assisting may NOT be charged either. Matters like real fear (for themselves) of others involved may have swayed the decision to remain silent. Family affiliations alone would not suffice to allow them NOT to be charged. However, as it is likely their guilty knowledge came about not too long after the fact, and as a huge search continued for nearly 11 days, then it IS likely all would be charged. Charges are often dropped or downgraded for those type of accessories after the fact, where the involvement was the guilty knowledge only, once the principal perpetrator/s are tried and convicted. The end result would depend on the culpability and involvement of the 'accessories after the fact'. May only be charged with 'perverting the course of justice', by remaining silent.

 

[Fuskier]

The apparent slowdown in the police investigation into the murder of Brookfield mother of three Allison Baden-Clay has triggered sensational suggestions the police will seek approval from the Queensland Attorney-General Hon Jarrod Bleijie to offer immunity from prosecution to a person facing charges over the murder, as an accessory before or after the fact.

Speculation has been rife that several acquaintances of the murderer face charges as accessories to the murder.

BBM.

I'm looking at this again but with a different spin on it.

A person facing charges over the murder as an accessory before or after the fact.

What if GBC is the accessory before or after the fact? That he is one of the several acquaintances to be charged as an accessory to murder?

Just wondering if the author of the blog has 'accessory' and 'accomplice' distinguished in his own reporting because these may infer different degrees of involvement and different legal consequences. If anybody can educate us on these it would be helpful.

 

[sheldor]

Just wondering if the author of the blog has 'accessory' and 'accomplice' distinguished in his own reporting because these may infer different degrees of involvement and different legal consequences. If anybody can educate us on these it would be helpful.

Different jurisdictions (states and countries) may use the terms interchangeably and it really depends upon on the wording of the actual offence that the person is charged with. In NZ, for example, there is a specific offence of being an "accessory after the fact". This distinguishes people who help after the offence has been committed, usually to enable the offender to avoid detection or arrest, from those who assist the principal or main offender before or during the commission of the offence. These latter people can be referred to as accomplices or secondary parties or accessories -- the exact terminology doesn't really matter. What is legally relevant is what they are alleged to have done. I.e. did they help by providing the accused with a weapon? Or by acting as a lookout? Or did they help after the offence was committed (by burying a body, for instance)?

 

[Fuskier]

you know you could be onto something there. In this case the Aquaintence may be a 'legally correct' way of saying mistress(no chance of defamation and without full knowledge of their relationship).. And it could also indicate business aquaintence etc. But not sure you would call family 'aquaintence'- unless it is being used to not let out any info much yet. MOO

Just a thought however, the mistress was publicly identified as TM in MSM. He refers to an 'acquaintance' which I read to mean somebody other than the identified mistress.IMO. Maybe the legal use of the word differs from the everyday use of the word?

 

[Paradox11]

me again but I think turning left - is it not left side damage?

Yes, sorry, it was the left hand side of the car.

So was that just some clever speculation, or had you heard he had an accident?

 

[Mani]

I clearly remember that there was a photo taken from a helicopter with Allison's body laying on the bank and you could see the outline of her body really well. It looked like her feet were pointing toward the river and her arms were above her head.

I did a search but can't find the picture now. If I remember correctly she was quite close to the bridge, but not right underneath it.

I remember that photo Paradox - what words did you try searching? I have been using photobucket and bridge and came up with nout!

 

[CaseClosed]

I hope this is ok to do. It's from Paul Tully on his web page.


The apparent slowdown in the police investigation into the murder of Brookfield mother of three Allison Baden-Clay has triggered sensational suggestions the police will seek approval from the Queensland Attorney-General Hon Jarrod Bleijie to offer immunity from prosecution to a person facing charges over the murder, as an accessory before or after the fact.

<modsnip>


http://paulgtully.blogspot.com/2012/06/allison-baden-clay-murder-is-attorney.html

Wow, very interesting!! My guess, if this is true, is that the person considered for immunity is not a family member. I am thinking more of a woman (TM)?

 

[Fuskier]

aquantaince is , I think, merely the correct term to use in this context meaning another known to the prime suspect. Be it family, spare bonk, whatever.

several aquaintances also implies rather heavily in my understanding of .. conspiracy.

that is, known among more than 1, and more than 2, and more than 3. Thats conspiracy, in the technical term.

TROOPER: Thank you for your contribution. It helps us understand the technical legal jargon at this stage of the case.

 

[CaseClosed]

Just wondering if the author of the blog has 'accessory' and 'accomplice' distinguished in his own reporting because these may infer different degrees of involvement and different legal consequences. If anybody can educate us on these it would be helpful.

If you are referring to Paul Tully, my understanding is that he is a lawyer also. He would know the difference between both terms.

 

[Fuskier]

Sorry folks, my mistake. :banghead: You're right Bayside, it is a policeman's blue overalls. And you're right again about the 7 news video blurring out the body.

Gawd, this case is doing my head in! I'm starting to see things that aren't there.

My apologies once again for the confusion.

OK. So, which photos show the body in the location where it was found. This is no longer clear.

 

[Pseudonym]

I wonder if she could wear her walking clothes as Pj's?? I know I wear trackpants and comfy shirt to bed sometimes. ... maybe she was actually ready for bed? It just popped into my head then, as that's what I'm wearing and I'm ready for bed.

I walk every morning about 5am and i will put my walking gear on before bed , just 3/4 exercise pants and tshirt. When i get up the shoes etc go on . Saves time and disturbing the house in the morning. Thats why my husband never found any of that odd.
I dont believe she was going for a walk late at night , alone , in Brookfield bushland. Not for a second. She walked in the morning and people knew that was her habit . IMO she was placed in her walking gear by GBC as part of the story.

 

[Pseudonym]

I think TM . Although not physically involved on the night , might have prior and post knowledge of the criminal act thus maybe she could be granted immunity

 

[Fuskier]

This might help those trying to ascertain where allisons body was found

IMO this re-opens the possibility that the body could have been pushed through or thrown over the bridge as it seems to have fallen on that imagined line between the two right-hand pylons - as suggested by REDBACK1 earlier.

 

[RumourSquasher]

Changed my mind about what I thought lines are

 

[mum73]

OK. So, which photos show the body in the location where it was found. This is no longer clear.

I'm sorry, I know for me to say this will upset some, but I don't think there have been any photos published that show the body. It would be highly offensive to Allison friends and family to do so, and I can't recall any situation where the Australian media has done so in the past (not without the body being concealed at least).

Imagine if her daughters saw it...

 

[ActusReus]

http://www.legislation.qld.gov.au/legisltn/current/c/crimincode.pdf

This link is to the QLD Criminal Code, Chapter 28 that deals with offences of Homicide. The penalty for a conviction of Accessory After the Fact of Murder attracts a head sentence of life imprisonment while Conspiracy to Murder attracts a 14 year sentence.

Fairly good incentive to cooperate with the police I would think.

 

[Liadan]

Yes, sorry, it was the left hand side of the car.

So was that just some clever speculation, or had you heard he had an accident?

this was based on my own personal experience - something very similar happened to me

 

[Fuskier]

http://www.legislation.qld.gov.au/legisltn/current/c/crimincode.pdf

This link is to the QLD Criminal Code, Chapter 28 that deals with offences of Homicide. The penalty for a conviction of Accessory After the Fact of Murder attracts a head sentence of life imprisonment while Conspiracy to Murder attracts a 14 year sentence.

Fairly good incentive to cooperate with the police I would think.

ACTUS REUS: Thank you. Your contribution is succinct and helps us understand the penalties involved for 'Accessory After the Fact of Murder' and 'Conspiracy to Murder". Much appreciated.

 

[marlywings]

Wow, very interesting!! My guess, if this is true, is that the person considered for immunity is not a family member. I am thinking more of a woman (TM)?

I think so too CaseClosed....especially with, what seems, a knack for "problem solving"...& I'd bet she had absolutely no idea about the "other woman in Sydney".

May 10, 2012

It is understood a former colleague of Mr Baden-Clay's also hired a lawyer after being interviewed by police three times. The woman, a fellow real estate agent, worked closely with Mr Baden-Clay at his Century 21 office and the pair were listed as the joint selling agents on various properties.
The woman's professional profile said she "wouldn't have worked for just anyone" and that she brought to the business "empathy, understanding, a talent for solving problems and above all, a true love of property".

http://www.news.com.au/national/pol...lison-baden-clay/story-e6frfkvr-1226351442743

 

[CaseClosed]

Thanks for that.......hate that iPads don't have cut and paste!

...iPads have cut and past ... press & hold your finger over a word for a few seconds (or over a highlighted sentence) ... hope this helps!