Recent content by Hawkins

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    Allison Baden-Clay - GENERAL DISCUSSION THREAD #34

    Hello all. Unable to post lately and no time to read threads. Just assuming that it's been posted that the Dickies are moving close to Brookfield with the girls so they can continue at school. There's an appeal to help with furniture etc for the rented house, stocking the pantry etc. Will...
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    NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#30

    Confidence is everything in front of a jury. But some counsel can be just a teensy bit arrogant. :floorlaugh: Expert witnesses really should be treated with the utmost respect. They often give generously of their time and a lot hangs on their expertise. Most judges will go ballistic if they...
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    NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#30

    You don't enter a plea at a mention. You may enter a plea at a committal but you don't have to. You are required to enter a plea once the indictment is presented. The indictment is a document which sets out exactly what you are charged with and the court it will be tried in and when. The...
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    NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#30

    It can't be led as a defence in Qld if it is not in the Code, regardless of what defences are permitted in other jurisdictions. These links and cases are interesting but do not create any law here. If the claim is that the accused was suffering from 'sane automatism' that could relate either...
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    NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#30

    Qld is a codified criminal jurisdction in which only the defences or excuses contained in the criminal code apply. There is no statutory defence of 'homicidal somnabulsim' here.
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    NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#30

    Any Qld lawyer who made some sort of deal with one of thier clients to exchange film (or any other publication) rights for representation in a criminal matter would be struck off. The idea that an experienced lawyer would do this is fantasy. Further to the Stilnox suggestion, I can think of no...
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    NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#30

    Lawyers in Qld cannot 'dream up' defences. The only defences or excuses available are those prescribed in the criminal code. The taking of any drug, or combination of drugs, does not constitute a defence or excuse. Drug use may provide some evidence which goes toward one of the existing...
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    NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#29

    I suspect the alleged cause of death won't involve an escalating dispute leading to sudden lethal violence on that night MOO.
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    NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#29

    Husband on wife DV killings very rarely involve attempts to hide the body. It's so rare that I can't recall one in Qld. The heat of passion killings involve quick calls to ooo and an attempt to spin it as an accident or provocation.
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    NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#29

    If, and only if, the accused in this matter intentionally killed his wife it would make sense to inform the DPP ASAP that he intends to plead guilty IMO. The stress imposed on family and friends by years of legal proceedings would be prevented. Loved ones may be able to avoid contempt or...
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    NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#29

    I'm sure it's been commented about on the forum before but either the body showed signs of trauma or it wasn't dropped from the bridge. Regardless of decomposition.
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    NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#29

    If there is insufficient evidence to establish a cause of death beyond reasonable doubt then, in this case, I don't think that's a major problem for the Crown. All purelyMOO.
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    NO BAIL! Australia - Allison Baden-Clay, Brisbane QLD, 19 April 2012 -#29

    I'd be surprised if the chipped tooth didn't happen post mortem.

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