Queensland’s DPP outlined the crown’s summary of argument and why the High Court should return Gerard Baden-Clay’s murder conviction in documents submitted late yesterday.
The move follows the downgrade of Baden-Clay’s conviction from murder to manslaughter by the Court of Appeal in December, saying the jury could not have proved beyond reasonable doubt that he had intended to kill his wife, sparking heavy controversy.
But now, the DPP has argued the motive for murder, the ABC reported.
“The yearning of a man to be with another woman has for a long time been regarded as relevant to the question of intent,” the documents said.
“This is evidence of motive ... which a jury might infer intention.”
The documents also said that Baden-Clay’s actions following his wife’s death also show intent.
“He got rid of the primary evidence, the body of his wife, by driving it 13 kilometres away and dumping it in mud under a bridge in a most cold-blooded way,” the documents said.
“He put on fake concern about his wife and play-acted that concern by sending texts to a phone he knew she would never answer.”
The documents also noted his lies about scratches to his face and disposing of her body should be considered.
According to the ABC, Allison Baden-Clay was reported missing by her husband in April of 2012. Her body was found beside a creek 10 days later. Her husband was found guilty of her murder in 2014 and sentenced to life in prison.
The Court of Appeals decision in this case is the latest in a line of Queensland cases inconsistent with recent decisions of the Victorian Court of Appeal about “the significance of post-offence conduct in deciding whether a killing is murder or manslaughter”, the DPP said.
Baden-Clay’s defence team has 21 days to lodge their response.