Gerard Baden Clay's murder appeal

[Wolfinator]

Two year maximum sentence for interfering with a corpse in this instance seems ludicrously low.
The emotional and financial cost of this element of the crime is immeasurable not to mention - the degradation of the corpse being a big reason a murder conviction has not been upheld. Outrageous...


IMO

 

[Wolfinator]

And can we add perjury to that - maximum of 14 years. Served consecutively. Justice for his extra roll of the dice.

That would be nice wouldn't it.

If LE have evidence against the grannie pashers and OW I'd love to see them press charges.

But... Poor Alison's family just want this to end. And who could blame them.



IMO

 

[Trooper]

The elements of intent that the jury obviously found to be true and evident of intent to kill......

(a)... the email to Toni.. 'I will be free by July 1st, and will come to you unconditionally'... .

(b).. the expressed future plan in regard to a larger car to transport his much enlarged family 'when he was free'..

(c)... the enquiries to the insurance firm that handled Allisons policy. ( This particular part of the evidence was powerful stuff ,and must have had a tremendous impact on the jury, which is perfectly normal. )

(d).. other things that you people remember and will tell me..


and the things he did with corroborated intent after the murder.. (everything) ..

 

[kiwijayne]

I'm so mad at the decision.

I have contacted my friend who was a witness at the trial and she is incredulous at what has happened.

 

[Trooper]

I'm so mad at the decision.

I have contacted my friend who was a witness at the trial and she is incredulous at what has happened.

hard to offer you congrats on your marriage and the house in NZ and all that, Kiwi,... on top of this news..

it must seem so long ago that you started this thread, Kiwi.. so much water under the bridge..

 

[kiwijayne]

hard to offer you congrats on your marriage and the house in NZ and all that, Kiwi,... on top of this news..

it must seem so long ago that you started this thread, Kiwi.. so much water under the bridge..

Thanks.

It was along time ago I started the first thread. Yes so much water.

 

[Flinders]

"Great read on the Baden-Clay case and how the scratch marks that got him caught have now got him off via @lizeburke

Scratches on Gerard Baden-Clay’s face key to murder charge downgrade
DECEMBER 8, 20155:42PM
ChrisEKellett @lizeburke
The scratches were brought up again, with judges saying while it was open to the jury to accept Baden-Clay had lied during his trial about the cause of the facial injuries, and that he had tried to hide his wife’s body, there remained “a reasonable hypothesis consistent with innocence of murder”.
The direction given to the jury about the “abrasions and scratches” on Baden-Clay’s cheek and whether or not they were caused by a “blunt razor blade” while shaving or caused by fingernails were among the grounds of appeal.
6.45 pm




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[Couldbe]

Two year maximum sentence for interfering with a corpse in this instance seems ludicrously low.
The emotional and financial cost of this element of the crime is immeasurable not to mention - the degradation of the corpse being a big reason a murder conviction has not been upheld. Outrageous...
IMO

I don't think, from the Appeal Judges, they mean Allison was necessarily dead when she was transported to the bridge (even if Gerard thought she was .... maybe just unconscious). However, it surely couldn't be disputed that she was left because he thought she was either dead, or she would die.
He was motivated by having a 'bet both ways' ....... hiding what had happened and her death would bring financial gain.

 

[Fuskier]

Acting Attorney-General Cameron Dick announces he may look into appealing the decision in Gerard Baden-Clay's new manslaughter conviction as the previously convicted murderer prepares to be re-sentenced in the new year.

In Queensland the charge of manslaughter typically attracts a sentence of eight to 12 years.

In a statement by Acting Attorney-General Cameron Dick he stated "I have requested legal advice today about the prospects of success on an appeal against the decision of the Court of Appeal involving Gerard Baden-Clay."
"Once that advice has been received and considered, a decision will be made as to whether an appeal should be lodged. The Attorney-General must make a decision on any possible appeal within 28 days."


https://au.news.yahoo.com/a/3030301...ction-downgraded-from-murder-to-manslaughter/

Thank you Amee. Just catching up again and this is promising.

 

[Flinders]

Just adding that this the last week of school for Queensland. It is a very busy time for parents and I commend Allison's family and friends for looking after the children. Hopefully, next week they will take time out.

Today at the verdict I felt sick and now a blistering headache. Sending love and peace over the Christmas holidays to the Dickie's.


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[Flinders]

Thank you Amee. Just catching up again and this is promising.

THANK YOU AMEE! There is hope.


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[Wolfinator]

http://theconversation.com/baden-cl...stic-violence-is-still-a-deadly-tragedy-51986


IMO

 

[BreakingNews]

Could someone enlighten me please? How did Allison die?

Did he hold a pillow over her face until she wasn't breathing or did he hit her and knock her out?

Either way, Allison may have died when she was dropped over the bridge into the mud.
Can't see past murder I'm sorry.

I see this opening an avalanche of 'I didn't mean it' murderers.


Forensic pathologists could not determine the cause of her death, but prosecutors suggested Baden-Clay smothered his wife to death while their daughters slept soundly in their beds.
http://www.brisbanetimes.com.au/que...ng-wife-allison-badenclay-20140715-ztdon.html


It could not be ruled out that there was a physical confrontation in which Allison fell and hit her head, the ruling by Chief Justice Catherine Holmes,
http://www.abc.net.au/news/2015-12-08/gerard-baden-clay-wins-appeal/7009464

Totally agree, They'll Get You

 

[JLZ]

"Great read on the Baden-Clay case and how the scratch marks that got him caught have now got him off via @lizeburke

Scratches on Gerard Baden-Clay’s face key to murder charge downgrade
DECEMBER 8, 20155:42PM
ChrisEKellett @lizeburke
The scratches were brought up again, with judges saying while it was open to the jury to accept Baden-Clay had lied during his trial about the cause of the facial injuries, and that he had tried to hide his wife’s body, there remained “a reasonable hypothesis consistent with innocence of murder”.
The direction given to the jury about the “abrasions and scratches” on Baden-Clay’s cheek and whether or not they were caused by a “blunt razor blade” while shaving or caused by fingernails were among the grounds of appeal.
6.45 pm Sent from my iPhone using Tapatalk

Garbage journalism. The appeal judges found that the trial judge properly instructed the jury in relation to the scratches.

The conviction was appealed on four grounds: three relating to the trial judge's summing up, and fourthly on the ground that the jury's verdict was unreasonable. The appeal judges found that the trial judge's directions were correct in each of the three instances. They found against the GBC team on each of those complaints. The appeal succeeded on the fourth ground only, that the verdict was unreasonable: "the jury could not properly have been satisfied beyond reasonable doubt that the element of intent to kill or do grievous bodily harm had been proved." Same link as before: http://archive.sclqld.org.au/qjudgment/2015/QCA15-265.pdf

Excuse me snipping out the picture. I don't think anyone wants to look at him again.

 

[FormerDet]

As he was never afforded the opportunity to plead guilty to manslaughter in the original trial, my guess is that the sentence will be reduced to a level expected of someone who pleaded guilty to manslaughter. I could be very wrong.

 

[Fuskier]

http://www.couriermail.com.au/news/...d/news-story/9a354a4f86db4e18930ad696ae5cb25d

Gerard Baden-Clay wins appeal: murder charge downgraded
December 8, 2015 4:54pm
David Murray, Sarah Vogler, Kate McKenna, Kate Kyriacou @The Courier-Mail

QUT senior law lecturer Dr Nigel Stobbs said he wasn’t surprised by the appeal decision.
“It was the outcome I would have expected because it seemed a trial in which there wasn’t much evidence in relation to intention,” he said.
“There was no doubt as a result of the trial that Baden-Clay caused the death. That was beyond question.”
“But there was very little evidence about how that occurred. If you don’t even know the cause of death it’s very difficult to saw what was in the mind of the accused.”

Baden-Clay’s lawyers argued there was insufficient evidence to prove he intended to kill, an essential element of a murder charge.

 

[Fuskier]

http://www.couriermail.com.au/news/...d/news-story/9a354a4f86db4e18930ad696ae5cb25d

Barrister Ross Vernon says it would be “very difficult” for Crown to get special leave to appeal in the High Court over the Court of Appeal’s decision. “I can’t see any obvious point of law,” he said.

He said the three Court of Appeal judges unanimously agreed.
“And, goodness me, you’re not talking about part-time judges or people with no experience. They are experienced and respected,” he said...

I still struggle with rationalizations and hypothetical scenarios around 'intention' leading to the reduction of this murder conviction to a lesser one. There is a smell about it, no matter how cleverly couched in legalese. This has all happened without Gerard Baden-Clay admitting anything!

 

[Trooper]

I don't think any Prosecutor is obliged , at least in AU , or anywhere else I know of, to offer a suspect a choice of what kind of crime he will consider answering to . Unless the evidence clearly points to manslaughter, , which in this case of Gerard , it didn't, in fact ,the evidence clearly pointed in the further direction to murder , the Prosecutor would conclude murder as the charge. Surely ? :

 

[Trooper]

I don't even understand how he can be found guilty of manslaughter, on these grounds.. according to him, the last time he saw Allison, she was watching the Footy show. . He never went anywhere near her to cause her death by manslaughter. And besides this, he wanted to continue his marriage ,he told the therapist this, and he was merely fobbing Toni off. Which is why he started up their relationship again, to fob her off, sure. sure. I get it.

ridiculous.

 

[Susan12]

I agree with previous posters that his actions afterward speak volumes. He did not act like someone who accidentally hurt his wife as he did not call for assistance, immediately went into cover up mode and appeared cool and collected afterwards. There was no indication of shock or devastation as with an accident.

The jury asked the judge about murder vs manslaughter so they were giving thought to the difference. They might have concluded the scratches suggest a fight for life and based it on all the pieces combined. It is a slap in the face to the jury that their decision was overturned.

There is no way with everything he's done he should be out in 3-4 years. He's caused his wife's death. He didn't seek help. He disposed of the body and in an undignified way. He lied to police and kept them, the SES, her family and their daughters strung along wasting considerable resources. He's committed purgery. He must not get out for a long time yet. What does it say to people otherwise I'd there is so little punishment for so much? I would deny early parol, hit him with a whole bunch of extra charges and make him serve them consecutively.

Horrified.