High Court makes Baden-Clay appeal decision

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An appeal by Queensland’s director of public prosecutions will against downgrading the murder conviction of Gerard Baden-Clay will be heard, the High Court ruled this morning.

Baden-Clay was jailed for life for killing his wife at their Brisbane home.  But the murder conviction was downgraded to manslaughter in December after his appeal was successful.

Lawyers have argued that the evidence is insufficient to prove he intentionally killed his wife, who may have fallen and hit her head during an argument.  According to an ABC report, they suggest he attempted to hide her body out of panic, by dumping it in a creek.

The case will now be heard by a full bench, on a date to be fixed.

Public outcry after his conviction was downgraded culminated in a public rally and the signing of a petition for the state’s DPP to launch the appeal by more than 73,000 people.  Following the outcry, attorney-general Yvette D’Ath announced that the Michael Byrne QC, director of public prosecutions, would seek leave to appeal the decision in the High Court.
 
  • Terry Smith on 13/05/2016 1:02:50 PM

    There is no issue with naming or not naming parties.

  • Nikita Robertson on 13/05/2016 10:29:04 AM

    Top comment Lesley.

  • Robert Foster on 12/05/2016 4:53:56 PM

    It is hoped that the High Court will not take notice of the Media and those 73000 petitioners in their findings and that this ceases to be a media circus and is in fact a legal process and whatever the result we have to live by it.

  • Lesley on 12/05/2016 12:20:14 PM

    The 'wife' has a name - Allison Baden-Clay. If you can name him, the attorney general and the prosecutor - you can give Allison a name.

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