Gerard Baden-Clay launches appeal against ‘unreasonable’ murder conviction (New Posters Welcome)

 Gerard Baden-Clay found GUILTY

Gerard Baden-Clay launches appeal against ‘unreasonable’ murder conviction

 

 

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Justice Byrne said it was likely Baden-Clay had smothered his wife and scratch marks on his face were likely to be signs of a struggle.

The former real estate agent has always maintained his innocence.

1. He has appealed against his conviction on four grounds, including that the verdict of murder was unreasonable, and that:

2. “A miscarriage of justice occurred because the jury should have been, but was not, directed that the presence of the deceased’s blood in a motor vehicle was only relevant if the jury was satisfied beyond reasonable doubt that the presence of blood was attributed to an injury sustained to the deceased’s body on the evening of 19 April 2012 or the morning of 20 April 2012,” the application reads.

3. “The trial judge erred in law in not directing the jury that they needed to be satisfied beyond reasonable doubt that the appellant placed the body of the deceased at Kholo Creek in order to use such a finding as post-offence conduct going to guilt.

4. “The trial judge erred in leaving to the jury that the appellant attempted to disguise marks on his face by making razor cuts.”

Queensland’s mandatory sentencing laws mean Baden-Clay does not have a chance of seeing a reduction in his jail time.

Justin Quill, the director of Kelly Hazel Quill Lawyers, has previously said Baden-Clay may have “very good” grounds to appeal the conviction.

“Potentially there is an appeal on conviction – that could be on a whole stack of grounds,” he said.

“Those grounds could be the exclusion of particular pieces of evidence.

“It could be taking the judge to task on the precise wording of the charge or the answers to the questions. The answers to the questions are crucial.”

 

http://www.abc.net.au/news/2014-07-17/gerard-baden-clay-launches-appeal-against-murder-conviction/5604432

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Wear Yellow for Allison Baden-Clay Day
.

On Friday 1st August it’s Wear Yellow for Allison Baden-Clay Day.  This day is not about raising money. Instead Allison’s friends and family asks you to wear some yellow and perform an act of kindness (big or small) in memory of Allison.

…………………………………………………………………………………………………………………………………………………………………..

 If you wish to donate money to The Late Allison Baden-Clay Children’s Trust Fund, you can do so using these details 

Donate to the Baden-Clay children | BSB: 084 737 | Account Number: 943 084 078.

https://au.news.yahoo.com/qld/a/24428727/jury-delivers-verdict-in-gerard-baden-clays-murder-trial/

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224 thoughts on “Gerard Baden-Clay launches appeal against ‘unreasonable’ murder conviction (New Posters Welcome)

  1. I just heard a legal expert on Channel 10 say the appeal has to go before the Court of Appeal and it decides whether there was a “substantial miscarriage of justice” during the trial. She said it’s a substantial test to determine if this occurred, so it’s not even a done deal that his appeal will be heard. Personally I think Justice Byrne would have been acutely aware of this, as appeals are common in murder convictions, and he would have followed the letter of the law to a T.

    Liked by 3 people

    • The only thing that I can think of that might give grounds for appeal would be the testimony coming forward now post-trial, that of her cousin, who stated that Allison had been estranged from her family prior to her death; that links Allison with one more criterion for acute relapse of chronic depression and therefore adds another possible reason for suicide on the list. (See reasons for suicide on suicide prevention hotline). Although I believe Gerard murdered his wife, I do mention this for consideration in my book. The more ticks on the list we get, the more the likelihood of manslaughter following a violent altercation, as opposed to pre-meditated murder. There is simply no doubt he killed her, and from certain evidence presented to the court, it seems highly likely he wanted to do so, even that he fully intended to do so for some time. However, I think there could be grounds for believing that what eventuated that night was not planned to happen on that night; it might well have erupted following Toni’s phone call/text, which I believe Allison quite possibly found out about or overheard. Given that Gerard has denied all knowledge of what happened to his wife, I don’t see how he can back track now and say her death was a crime of passion; heat of the moment affair. If he had pleaded that right from the outset, he might have got away with manslaughter, but I don’t see how the verdict can be changed now. He was given the minimum murder sentence too.

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  2. News reporter, “Kelvin Lloyd and Baden-Clay became cell mates.”

    Kelvin Lloyd, “I actually had some conversations with him and he came across to me as a …cunning, psychopath.”

    News reporter, “Lloyd says Baden-Clay convinced many in the jail that he was innocent and strutted the corridors with a confidence of a man who would soon be acquitted.”

    Kevin Lloyd, “Arrogant, cold hearted, kept to himself but with an air of authority that he was hiding something.”

    News reporter, “Kelvin Lloyd believes that he’ll need all the protection that is on offer now that he has been stripped of any respect that he once enjoyed as he played the innocent victim.”

    Kevin Lloyd, “He did kill his wife, mate, he will be beaten, bashed.”

    Reporter, “Police had suspicions that Baden-Clay had help to cover up the crime but the evidence never stacked up and they say the investigation is closed.”

    http://www.brisbanetimes.com.au/queensland/gerard-badenclay-to-appeal-murder-conviction-20140717-ztyjv.html

    Liked by 1 person

  3. I hope that this appeal doesn’t get a leg up into being accepted by the Court of Appeal. What a waste of public money this would be and is anyway since we are forking out for his legal aid.

    Liked by 4 people

  4. 1. He has appealed against his conviction on four grounds, including that the verdict of murder was unreasonable, and that:

    Oh? Unreasonable? And what evidence will they provide to prove this being unreasonable?

    2. “A miscarriage of justice occurred because the jury should have been, but was not, directed that the presence of the deceased’s blood in a motor vehicle was only relevant if the jury was satisfied beyond reasonable doubt that the presence of blood was attributed to an injury sustained to the deceased’s body on the evening of 19 April 2012 or the morning of 20 April 2012,