Gerard Baden Clay's murder appeal

[Fuskier]

Welcome news Aimee. Thank you. :clap:

 

[Fuskier]

http://www.theguardian.com/australi...grading-baden-clay-conviction-prosecutor-says

"Queensland attorney-general Yvette D’Ath told reporters on Monday that Byrne had independently reached the rare decision to challenge the appeal court in the high court after “considerable thought”...

"Byrne has 28 days to spell out the full grounds for the high court appeal, to which Baden Clay will have until mid-February to respond"...

The high court will then decide whether to grant Byrne leave to appeal before the full bench.

Thank you Michael Byrne, QC.

 

[alioop]

This speech by Retired High Court Judge Michael Kirby explains how the court deals with special leave applications and the types of issues they will allow to be appealed. As Australia's highest court, it has limited resources so must be very careful in what appeals it will allow.
It's long but interesting and makes sense of why appeals to the High Court are rarely granted.
http://www.hcourt.gov.au/assets/publications/speeches/former-justices/kirbyj/kirbyj_1jun07a.pdf

 

[Wongawallan]

I wish I could project into the future about this case so that I could prepare myself for the outcome of this application for appeal. But it is not possible sadly. How Allison's girls and family are coping with this latest turn I don't know. I have not enough knowledge of the legal system to know whether the appeal grounds listed are enough or whether others are right in suggesting it won't be given the pressures on the courts. I hope that Queensland does steer this appeal around into the realm of domestic abuse. It seems that this could be one way of satisfying several tests leading to a successful leave of appeal, as the outcome could have implications across Australia. I fear that without a High Court test, it may always therefore be difficult for prosecutions to argue for murder over manslaughter in domestic violence cases, particularly when emotional abuse is involved.

Allison's change in emotional state, her positive attitude and new-found leadership in stepping up to take care of family and business matters, especially given the challenges that lay ahead, represented a change in her family role. It is right that questions be asked about depression, it's cause, the domestic situation, and the impact of her gradual empowerment on the state of the domestic relationship.

Is the law clear on the definition of intent? We know that it has to be proved but what does this mean?

 

[Couldbe]

Gerard Baden-Clay: Director of Public Prosecution says Court of Appeal decision contained errors


According to the application, obtained by The Courier-Mail, the grounds include that the Court of Appeal made errors in:


- The application of principles concerning circumstantial evidence and in substituting its own views of the evidence, including a factual assertion not established by the evidence, for the jury verdict which was reasonably open on the whole of the evidence.

- Concluding that the post-offence conduct evidence remained neutral on the issue of intent and that 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.

Director of Public Prosecutions Michael Byrne QC has asked that the High Court set aside the decision to downgrade Baden-Clay’s charge and dismiss the appeal.

In the alternative, he has asked that the appeal be reheard.

http://www.couriermail.com.au/news/...s/news-story/ba9167c721d4935ba573f548be9d793c

.........."In the alternative, he has asked that the appeal be reheard."

I am wondering if this could result in the matter being returned into the hands of Chief Justice Catherine Holmes for rehearing of the Appeal in the Appeals Court. (Meaning that the Chief Justice could be involved in directing who the new Appeal Judges would be).

 

[BreakingNews]

This is all so frustrating. I am thinking this is more and more political. Amazing how Bill Potts, the new President of Qld Law Society keeps popping up in support of the appeal judges and he seems so against 'crowd court'. Then there is Terry O'Gorman banging on as usual about civil rights. Hellllooo, what about Allison's right to be safe and her family's right to have their mother, daughter, sister, friend alive. Why are these lawyers speaking out in so much support of the appeal judges. Especially when Tim Carmody was controversially appointed as Chief Justice by the NLP government, then dumped when the ALP were elected http://www.theaustralian.com.au/new...t/news-story/f59ed46118d073c254a088519348bde9 and Catherine Holmes was appointed to the position. Early in 2015 it was very obvious their was friction with Justice Tim Carmody and some other judges - it was quite public. So I am wondering if GBC's appeal was one lot of judges thumbing their noses at another lot of judges.

AMOO of course.

 

[Fuskier]

:bump:

BBM. Remember that politico-legal thrust to replace the State's Chief Justice before the Baden-Clay appeal was heard? They used msn to spread a claim that he was 'biased'. Their political influence and resulting power was such that he stepped down.

Oh, that smell ... that stench.

My opinion only.

... a lingering political smell.

 

[Fuskier]

This is all so frustrating. I am thinking this is more and more political. Amazing how Bill Potts, the new President of Qld Law Society keeps popping up in support of the appeal judges and he seems so against 'crowd court'. Then there is Terry O'Gorman banging on as usual about civil rights. Hellllooo, what about Allison's right to be safe and her family's right to have their mother, daughter, sister, friend alive. Why are these lawyers speaking out in so much support of the appeal judges. Especially when Tim Carmody was controversially appointed as Chief Justice by the NLP government, then dumped when the ALP were elected http://www.theaustralian.com.au/new...t/news-story/f59ed46118d073c254a088519348bde9 and Catherine Holmes was appointed to the position. Early in 2015 it was very obvious their was friction with Justice Tim Carmody and some other judges - it was quite public. So I am wondering if GBC's appeal was one lot of judges thumbing their noses at another lot of judges.

AMOO of course.

Agreed BreakingNews... that lingering political smell.
My opinion only.

 

[they'll get you]

Success of Baden-Clay’s appeal suggests legal system not only allows, but encourages deception
http://www.adelaidenow.com.au/news/...n/news-story/b575db77506cc77e3dee3b764c8b7be4

The paywall stopped me from paraphrasing but the heading is enough. IMO.

 

[they'll get you]

How is Gerard Baden-Clay able to argue that he might have killed his wife accidently, when, at trial, he denied having anything to do with her death? Arlie Loughnan explains the appeal court's decision.

From the time of Allison Baden-Clay's disappearance from her home, and the discovery of her body in April 2012, this case has attracted significant media attention. The crime and the trial coincided with increasing public awareness about family violence in general, and the deaths of women at the hands of their male partners in particular.

All the elements of the Baden-Clay case - the death of a much-loved woman with young children, and a middle-class family struck by infidelity, marriage problems, depression and debt - propelled the case to the front page in newspapers around the country.

In Queensland, murder requires a lethal act, and an intent to kill or commit grievous bodily harm. The issue on appeal was whether the evidence introduced at trial could support the jury's conclusion that Allison Baden-Clay's death was murder, not manslaughter - an unlawful killing that falls short of murder.

http://www.abc.net.au/news/2015-12-...clay-and-the-high-bar-for-prosecution/7013034

 

[they'll get you]

Allowing Baden-Clay's appeal, the Queensland Court of Appeal concluded that the prosecution case had not ruled out the possibility that Gerard Baden-Clay killed his wife without intending serious harm, and that he disposed of her body at Kholo Creek, and lied about the causes of the marks on his face to cover up his actions. This meant that the jury's conclusion that the killing was murder could not be sustained.

Although the finding that Baden-Clay was responsible for his wife's death has not been questioned, his successful appeal has raised questions about our criminal justice system. It seems hard to understand how Baden-Clay is able to argue that he might have killed his wife accidently, when, at trial, he denied having anything to do with her death, and knowing nothing about how her body ended up at the creek.

http://www.abc.net.au/news/2015-12-...clay-and-the-high-bar-for-prosecution/7013034

 

[Amee]

[h=1]Gerard Baden-Clay charge: DPP applies to delay re-sentencing on manslaughter[/h]January 8, 2016

GERARD Baden-Clay’s case will return to the Court of Appeal today for an application to delay his re-sentencing on a manslaughter charge.

Baden-Clay was due to be resentenced on the manslaughter charge in the near future, but the DPP will apply today for it to be adjourned pending the outcome of the High Court case. The High Court case will not be heard until at least March.

http://www.couriermail.com.au/news/...r/news-story/9e63c5cc456d1a9c24b8d7e531744f6d

 

[Amee]

Chief Justice Catherine Holmes on Friday accepted a prosecution bid to delay any re-sentence until after the High Court appeal, agreeing with the Director of Public Prosecutions that an early sentence could prove pointless.

https://au.news.yahoo.com/qld/a/30515023/baden-clay-case-returns-to-court/

 

[Fuskier]

FYI
http://www.news.com.au/national/bre...t/news-story/34eba589ca67993ed52c51db7c9794db

Baden-Clay sentence postponed
JANUARY 8, 2016 3:59PM

Wife-killer Gerard Baden-Clay won't be re-sentenced unless a High Court challenge against his manslaughter conviction fails... "(If the appeal fails) I see no real prejudice to the respondent, Mr Baden-Clay, in the delay of some months in the determination of his sentence," Justice Holmes said...

 

[Fuskier]

http://www.abc.net.au/news/2015-12-...clay-and-the-high-bar-for-prosecution/7013034

Arlie Loughnan is Associate Professor in Law at University of Sydney.

The action of an appeal court overturning a jury decision is not that common, and does not cast doubt on the integrity and the value of jury decisions in criminal trials in general. Juries are central to the operation of criminal trials and the involvement of lay people in criminal justice is regarded as a positive feature of our system. Juries participating in criminal trials, and courts of appeal reviewing decision-making, are each key aspects of the legitimacy of our criminal laws and processes".

 

[Fuskier]

Success of Baden-Clay’s appeal suggests legal system not only allows, but encourages deception
http://www.adelaidenow.com.au/news/...n/news-story/b575db77506cc77e3dee3b764c8b7be4

The paywall stopped me from paraphrasing but the heading is enough. IMO.

Thanks for the link They'll Get You.

Excerpt:
"Baden-Clay appeal shows legal system’s deep problems
THE public outcry at the downgrading of Gerard Baden-Clay’s murder conviction has been typically disparaged by the legal fraternity, who like to think that public sentiment is based on emotion rather than reason"...

 

[BreakingNews]

I was one of the public, and like most of us, was note basing my outrage on sentiment, but on sound reasoning from scruitinising the evidence from day one. What is going on with Qld legal system???

Sent from my Blade S6 using Tapatalk

 

[Fluffykins]

I was one of the public, and like most of us, was note basing my outrage on sentiment, but on sound reasoning from scruitinising the evidence from day one. What is going on with Qld legal system???

Sent from my Blade S6 using Tapatalk

BBM.

Yes, I rather thought the same thing. Seems to me the only dodgy reasoning thus far has been on the part of the appeal court.

Their scenario of Allison attacking GBC's face in an argument is so farfetched, it's ridiculous. Do they have no idea what a feral act that is? Allison, feral? Allison, who was teaching her daughters resilience, and might have been presumed to know a thing or three about resilience herself, about dealing with provocation, so out of control as to go for his face? Not just, you know, throw a piece of fruit or the TV remote at him, but in such a feral state as to actually go on the attack, furiously up close and personal with claws raking his face and no thought to the possible consequences to herself? Like, she had a history of domestic violence? Gerrid was ever seen sporting bruises or missing teeth?

Oh, but Gerrid was given the benefit of the doubt in having "no history of domestic violence." Never mind that he belted his daughters, for all the world as though that's something all normal parents do. Never mind that before he resorted to murder, his particular breed of nastiness found expression in cruel, hurtful, belittling words, also known as psychological violence.

No, never mind all that, blame Allison for escalating the argument. Write it off as a sad accident where the poor exasperated man in trying to fight her off accidentally shoved her and she fell and hit her head. Never mind the absence of any corroborating evidence of head injury by the coroner. Never mind that the whole scenario sounds like the imaginings of alien beings inhabiting some weird parallel universe where normal human reasoning doesn't exist.

*snort*

And yet before this weird scenario was dreamed up, everyone presumed those facial scratches were done in self defence. Who would have thought.

 

[Couldbe]

From the way I have come to view this ‘debacle’, it has become a ‘them and us’ conflict …… the informed and the ill-informed (as our Chief Justice has said: "The public comment, there's a fair bit of it already - some informed, some staggeringly ill-informed - but it's there and no doubt will continue".

……. with forums such as Websleuths the public are afforded the opportunity to share information and opinions which can lead to challenging the law as it is interpreted and applied in the courts. Whether this be a new phenomenon that has crept in here in Queensland or just a case that we on this forum have become committed to, it is causing glaring controversy.

It has been published that ‘the law is an *advertiser censored*’, and it certainly seems to be so as it has been applied by the Appeal Judges ….. or have they erred we ask?

The right to appeal by the Prosecution has now been exercised the result of which, it is now evident, is most likely going to be viewed as a win or loss for the Qld legal system rather than pursuing justice for Allison ….. not the way we intended.

 

[BreakingNews]

Me thinks it might be time to start asking the Qld Attorney General to explain what is going on with the legal eagles of Qld. Initially current Chief Justice Holmes was hesitant about deferring the updated sentencing of GBC until after the high court appeal, but thankfully she saw reason and agreed to defer this. How stupid, not to mention waste of time and money to re-sentence GBC now before the appeal.

I am sick and tired of the politics emerging with the Qld legal system over GBC.