http://www.abc.net.au/news/2016-08-31/gerard-baden-clay-murder-conviction-to-sta...

Gerard Baden-Clay's conviction for murdering his wife, Allison, in 2012 will stand, the High Court has ruled.

A Queensland jury convicted Baden-Clay of murder in 2014, but the state's Court of Appeal last December downgraded it to manslaughter after his lawyers argued it was possible he could have unintentionally killed his wife during an argument.

Allison's body was found on a creek bank in Brisbane's west 10 days after she was reported missing on April 20, 2012.

Allison's long-time friend and spokeswoman for the family, Kerry-Anne Walker, said the "decision comes with both relief and elation".

"The law has acknowledged what we, who were closest to her, knew from that very morning Allison went missing — that is — that she was murdered," she said outside the court.

for those who do not read the QLD THREADS...

Yes  Cods this thread started out mainstream and deserves to stay right here where EVERYONE can read it.

The 5 Judges of the High Court as you have said, overturned the' Lousy Decision Making' of those penis craniums who call themselves Judges, sitting on the Queensland Court of Appeal.

The Judges said in their summing up that Gerard Baden-Clay's actions were Cold and Calculated...Bravo!  Bravo! Bravo! Justice at last for Alison Baden-Clay.

This is an historic and wonderful decision because it rights what has been a travesty of Justice when the absolutely stupid Judges in Qld got it so wrong.

Source ABC NEWS:



Gerard Baden-Clay's conviction for murdering his wife, Allison, in 2012 will stand, the High Court has ruled.

A Queensland jury convicted Baden-Clay of murder in 2014, but the state's Court of Appeal last December downgraded it to manslaughter after his lawyers argued it was possible he could have unintentionally killed his wife during an argument.

Allison's body was found on a creek bank in Brisbane's west 10 days after she was reported missing on April 20, 2012.

Allison's long-time friend and spokeswoman for the family, Kerry-Anne Walker, said the "decision comes with both relief and elation".

"The law has acknowledged what we, who were closest to her, knew from that very morning Allison went missing — that is — that she was murdered," she said outside the court.


"Gerard Baden-Clay murdered his amazing wife, Allison."

LtoR Allison Baden-Clay and Gerard Baden-Clay.
Photo: Gerard Baden-Clay (R) murdered his wife, Allison (L), in 2012. (Supplied)



She said the evidence in the original trial had displayed Gerard's intent as well as his character.

"Today's decision brings an end to Gerard's attempts to smear Allison's name," she said.

"If some were in doubt as to his true nature, his behaviour after Allison disappeared and during the trial must have removed that doubt."

Ms Walker said Allison loved being a wife and a mother, and had worked incredibly hard to do both to the best of her ability.

"Her legacy will be her beautiful three girls who, surrounded now by their memories of Allison and the love and support of Allison's devoted family, are thriving in their busy lives," she said.

"All who know them are confident they will go on to achieve great things.

"I am in awe every day of how well Allison's parents Geoff and Priscilla and her sister Vanessa deal with their day-to-day busy lives.

"The girls are certainly a tribute to them."

Judgment cites 'unintentional' killing hypothesis



Timeline: Baden-Clay murder

Take a look back at how Allison Baden-Clay's disappearance and the resulting murder trial unfolded.


In its judgment, the High Court said the Court of Appeal had "erred in concluding that the jury's verdict of guilty of murder was unreasonable on the basis that the prosecution had failed to exclude the hypothesis that Gerard Baden-Clay unintentionally killed his wife".

"By grant of special leave, the Crown appealed to the High Court," the judgment said.

"It was common ground on the appeal that the respondent killed his wife.


"The High Court held that the hypothesis on which the Court of Appeal acted was not available on the evidence.

"In particular, the Court [of Appeal] accepted the respondent's submission, made for the first time on appeal, that the prosecution had not excluded the hypothesis that there was a physical confrontation between the appellant and his wife in which he delivered a blow which killed her [for example, by the effects of a fall hitting her head against a hard surface] without intending to cause grievous bodily harm."

Queensland Law Society president Bill Potts said Gerard Baden-Clay had no further grounds for appeal and would serve a minimum of 15 years in prison.

Mr Potts said the ruling had set an important precedent.

"The way in which circumstantial evidence may be used and post-offence behaviour may be used has now been clarified by the High Court and that in turn can be utilised across a range of cases that are waiting in the wings," he said.


Gerard Baden-Clay's defence lawyer Peter Shields said the High Court's decision would be accepted.

"I am disappointed the High Court did not decide in our favour," he said.

"Smarter people than I will write very interesting articles about this decision because it really does fundamentally alter the position of the criminal law throughout the Commonwealth.

"The position that has changed significantly is to do with an accused giving evidence, and particular knowledge that an accused may be thought to have."

Ms Walker also praised the authorities who helped with the case.

"I would like to thank and acknowledge again the Department of Public Prosecutions, the Queensland Police Service and all those that helped with the case," she said.

"Your tireless work and passion for the truth will never be forgotten and you should be also very pleased with today's decision."



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Mr Hammer wrote on Aug 31^st, 2016 at 2:17pm:


Okay, I'm happy to post in this Thread to a limited extent.  You don't know much do you Hammer.  What do you reckon I'd find at Boggo Road now?

Mr Hammer wrote on Aug 31^st, 2016 at 3:10pm:


Goulburn????????  You are improving, as at least there is a NSW Prison there.

It wasn't up to the prosecution to include the possibility he'd killed his wife by accident

It was up to the defence to raise that issue.  Up to Baden Clay to tender that as admission to both investigators and to his solicitors at the outset

Instead, pre and during trial, Baden Clay and his solicitors repeatedly claimed he had no knowledge of any aspect of his deceased wife's death

Baden Clay took the stand and remained there for hours, during which he did not even hint he might have played a role in his wife's death. He repeatedly denied involvement

Then, when he realized he was in prison for considerable time, he and his scum legal reps decided to launch an outrageous appeal consisting of finally admitting he'd killed his wife, but it had been 'an accident'

So sour grapes from Baden Clay's defeated solicitors when they state it will 'set a precedent'

Bullschit

If Baden Clay's appeal had made it through, then THAT would have set a very dangerous precedent and every killer sent down by the jury would try to appeal based on a completely new set of excuses, i.e., 'Ok. I killed her. But it was an accident'.

Baden Clay's appeal should be named the Lying Sook Brat.  Everyone convicted would try to use it:

Caught stealing - Denial - Conviction & imprisonment --- ok, let's try the Lying Sook Brat appeal -- admit you did it, but you did it by accident, unintentionally

Caught raping - Denial - Conviction & Imprisonmment --- ok, let's try the Lying Sook Brat appeal -- admit you raped him/her, but you did it by accident, unintentionally

Had the Lying Sook Brat appeal-method been successful, we may as well have dispensed with police, courts, the entirel legal industry, prisons, etc.

Neferti wrote on Aug 31^st, 2016 at 3:51pm:


Jesus wept.  Clean up of what?

Aussie wrote on Aug 31^st, 2016 at 3:53pm:




Are you actually all that familiar with the case in question?

Clean up of evidence

Evidence which was shown to exist both at the location of the murder and afterwards, in the accused's vehicle

you know --- blood in the vehicle believed to be the one which transported the dead or dying body of the accused's wife to the river bank mud where he .. and possible someone else also -- dumped her to rot and be consumed by scavengers

Clean up of whatever disorder was created within the home (which contained three young girls) while the deceased was being murdered

Maybe there wasn't much disarray?  Maybe it was a cold, calculated strangling

yet the accused bore marks believed to have been caused by the fingernails of the murdered woman as she fought desperately for her life against a much larger and until then trusted killer

When fighting for one's life, one is likely to scream, gurgle, kick, twist, etc.  That is often likely to cause disorder

Alison's mother noted the house (location of the murder) was unnaturally neat and orderly mere hours after the murder.  This indicates someone rushed to hide whatever disorder had been caused during the murder.  Was it the killer?  Or was it people intent on covering-up for and assisting the killer?  Most Australians have drawn conclusions

Blood discovered within the killer's vehicle imply there was blood spilt within the house or under or around the house while the deceased was being murdered

So a 'clean up' as has been suggested and as would appear to have taken place very swiftly after the murder took place

I hope police proceed to further investigate

Investigators informed the public they suspected two vehicles had been used after the murder and during transportation of the deceased to the river bank

In response, members of the public tendered information involving the sighting of two vehicles.  Residents near the river bank stated publicly that they'd heard two vehicles very close to the dump location during the hours in question

The public is of the opinion Baden Clay was assisted very shortly after the murder and in the transportation of his murdered wife to the river bank where she was dumped and left

The public isn't finished with this case and it's to be hoped that the failed appeal by Baden Clay will encourage investigators to finish the job

Well said, PZ547.

I am sure that the father and sister know more about this.

Websleuths (ALL Australian murders are discussed on there, dating way back) .... there are a LOT of Aussies who comment, particularly about the Baden-Clay case. Here is a new thread about the Appeal.

http://www.websleuths.com/forums/showthread.php?315849-Gerard-Baden-Clay-s-murde...

The Heartless Felon wrote on Sep 1^st, 2016 at 5:48am:



you will be also one day.....

does that mean you are gone and forgotten?????......

Allison contributed to this world she made a huge impact on others lives.....that says a lot for her.....and she wont be forgotten so readily....unlike some.

PZ547 wrote on Aug 31^st, 2016 at 4:11pm:

Im thinking its grap that thinks hes Perry Mason.....look at the rubbish he has come up with ...

ask yourself grap why isnt he screaming INNOCENT... why would he settle for MANSLAUGHTER....?



all I know is.. if I didnt do what they claimed I did...

no way would I settle for a down grade... no way...

he sat in the dock for something like two days and told us he did nothing wrong....he went to bed whilst Allison watched TV.... and didnt get up till 7am...

I think he was sleep walking when his phone was put on charge about 1am that morning...like you do!