Australian Politics Forum - Baden Clay wins appeal.

Aussie

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Re: Baden Clay wins appeal.
Reply #90 - Dec 10^th, 2015 at 7:28pm

Maqqa wrote on Dec 10^th, 2015 at 7:26pm:

cods wrote on Dec 10^th, 2015 at 5:42pm:

how can you blame POLITICs for this mess...

isnt the LAW above POLITICS?..

I laugh at our laws now.. have lost faith a long time ago...and I see no reason to change my opinion..'

fat greedy lawyers getting fatter and greedier ..

I guess the legal aid for boat people is slowing down.. so this makes a new endeavor for them to keep the ching of money going into their bank accounts..

if they said a new trial... I can reason with that... but no......straight out... believe this boy....it wasnt his fault it was hers...

I can see the headlines now... Angry

There are different types of laws e.g. Common Laws and enacted laws

Common Laws simply mean the courts take judgements from other cases as a guidance to guilty or innocence and then penalty

Enacted Law are laws drawn up by parliament (Bill), discussed (Question Time) and passed into law (Legislation).

During Question Time amendments may be added to the Bill to get enough votes to pass the Bill

This then goes to the Senate. It gets debated and other amendments may be added. If the Bill gets enough votes then it passes as Legislation. If not the government may negotiate with others to get votes needed. This is where the amendments comes in

Jesus wept.

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BlueBeard Senior Member Offline Australian Politics Posts: 387 Gender:	Re: Baden Clay wins appeal. Reply #91 - Dec 11^th, 2015 at 5:35am cods wrote on Dec 10^th, 2015 at 6:33pm: BlueBeard wrote on Dec 10^th, 2015 at 6:10pm: sign the petition. I hope you did.. yes I did every decent person should
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The Heartless Felon Gold Member Offline Australian Politics Posts: 2869 Gender:	Re: Baden Clay wins appeal. Reply #92 - Dec 11^th, 2015 at 5:47am BlueBeard wrote on Dec 11^th, 2015 at 5:35am: cods wrote on Dec 10^th, 2015 at 6:33pm: BlueBeard wrote on Dec 10^th, 2015 at 6:10pm: sign the petition. I hope you did.. yes I did every decent person should If you don't understand our legal system, sign the petition. Otherwise, let the matter take its course...
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John_Taverner

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Re: Baden Clay wins appeal.
Reply #93 - Dec 11^th, 2015 at 7:15am

Aussie wrote on Dec 10^th, 2015 at 2:24pm:

John_Taverner wrote on Dec 10^th, 2015 at 1:50pm:

Probably the best thing that can happen now is for the judge to sentence Baden-Clay to life imprisonment, which is the maximum penalty for manslaughter. If this was manslaughter, then it was a particularly severe case of manslaughter, and should warrant the maximum penalty.

Of course that is not what is going to happen, even though judges do take into account community standards.

So you would punish someone who had no intent to kill or cause grievous bodily harm in the same way you would someone who killed with that specific explicit intent?

I would punish someone with the maximum penalty available for a crime where that crime was on the most severe end, In this case, he deliberately hid her corpse and left it to rot and lied to everybody about it, putting on an act of being inconsolable . Even if you accept the judgement that it was not premeditated, you can't deny that this is a very severe case of manslaughter.

Would you give him a lenient sentence?

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cods

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Re: Baden Clay wins appeal.
Reply #94 - Dec 11^th, 2015 at 7:42am

The Heartless Felon wrote on Dec 11^th, 2015 at 5:47am:

BlueBeard wrote on Dec 11^th, 2015 at 5:35am:

cods wrote on Dec 10^th, 2015 at 6:33pm:

BlueBeard wrote on Dec 10^th, 2015 at 6:10pm:

sign the petition.

I hope you did..

yes I did

every decent person should

If you don't understand our legal system, sign the petition.
Otherwise, let the matter take its course...

so you think ALL OUR LAWS ARE CORRECT.. AND SHOULD NEVER BE CHALLENGED..

REALLY?...

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cods

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Re: Baden Clay wins appeal.
Reply #95 - Dec 11^th, 2015 at 7:46am

BlueBeard wrote on Dec 11^th, 2015 at 5:35am:

cods wrote on Dec 10^th, 2015 at 6:33pm:

BlueBeard wrote on Dec 10^th, 2015 at 6:10pm:

sign the petition.

I hope you did..

yes I did

every decent person should

I thought that was just checking....for the first time I have forwarded a petition to friends....

I am so incensed by this....and we have no other way to protest...

our legal system need tightening not slacking..I am so sick of reading where someone on BAIL kills someone or attacks someone...all because of stoooooooopid laws that are not working...

and big fat lawyers jumping on bandwagons..

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Fuzzball Gold Member Offline Posts: 6381 Australia Gender:	Re: Baden Clay wins appeal. Reply #96 - Dec 11^th, 2015 at 7:56am He's guilty of murder......no question. After all she didn't resurrect herself and make her way to where her body was dumped.
Back to top	Life's Journey is not to arrive at the grave safely in a well preserved body, but rather to skid in sideways, totally worn out, shouting, "Holy Sh!t ... What a Ride!" IP Logged

red baron Gold Member Offline Australian Politics Posts: 10204 Blue Mountains Gender:	Re: Baden Clay wins appeal. Reply #97 - Dec 11^th, 2015 at 8:04am The Law is a stroke of the pen...the law is made up by human beings..the law is often morally wrong...the law in this case is a first class arse
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The Heartless Felon

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Re: Baden Clay wins appeal.
Reply #98 - Dec 11^th, 2015 at 8:19am

cods wrote on Dec 11^th, 2015 at 7:42am:

The Heartless Felon wrote on Dec 11^th, 2015 at 5:47am:

BlueBeard wrote on Dec 11^th, 2015 at 5:35am:

cods wrote on Dec 10^th, 2015 at 6:33pm:

BlueBeard wrote on Dec 10^th, 2015 at 6:10pm:

sign the petition.

I hope you did..

yes I did

every decent person should

If you don't understand our legal system, sign the petition.
Otherwise, let the matter take its course...

so you think ALL OUR LAWS ARE CORRECT.. AND SHOULD NEVER BE CHALLENGED..

REALLY?...

The challenge lies in the appeal.

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cods

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Re: Baden Clay wins appeal.
Reply #99 - Dec 11^th, 2015 at 8:22am

red baron wrote on Dec 11^th, 2015 at 8:04am:

The Law is a stroke of the pen...the law is made up by human beings..the law is often morally wrong...the law in this case is a first class arse

did you get the petition RB?..

its time we showed them what we think of the" FEWs" actions..

who gave them the right to do this???????????...

did we elect this person if so....give us the details so at least people know in the future what sort of person they are electing to ACT FOR THEM...

to be honest I have never seen this done before.... a retrial yes.. but not this...murder down to manslaughter..

seems to me a can of worms for the future

nightmare on Elm Street. Freddies to get stuck in to.

just what we need another LOOPHOLE>

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cods

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Re: Baden Clay wins appeal.
Reply #100 - Dec 11^th, 2015 at 8:26am

The Heartless Felon wrote on Dec 11^th, 2015 at 8:19am:

cods wrote on Dec 11^th, 2015 at 7:42am:

The Heartless Felon wrote on Dec 11^th, 2015 at 5:47am:

BlueBeard wrote on Dec 11^th, 2015 at 5:35am:

cods wrote on Dec 10^th, 2015 at 6:33pm:

BlueBeard wrote on Dec 10^th, 2015 at 6:10pm:

sign the petition.

I hope you did..

yes I did

every decent person should

If you don't understand our legal system, sign the petition.
Otherwise, let the matter take its course...

so you think ALL OUR LAWS ARE CORRECT.. AND SHOULD NEVER BE CHALLENGED..

REALLY?...

The challenge lies in the appeal.

thats the trouble

it isnt an APPEAL>>

Quote:

Former Brisbane real estate agent Gerard Baden-Clay's murder conviction for killing his wife Allison has been downgraded to manslaughter.

it the sentence thats next....

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The Heartless Felon Gold Member Offline Australian Politics Posts: 2869 Gender:	Re: Baden Clay wins appeal. Reply #101 - Dec 11^th, 2015 at 8:33am "Former Brisbane real estate agent Gerard Baden-Clay's murder conviction for killing his wife Allison has been downgraded to manslaughter" As a result of an appeal by the defence.
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Kytro

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Re: Baden Clay wins appeal.
Reply #102 - Dec 11^th, 2015 at 8:45am

red baron wrote on Dec 11^th, 2015 at 8:04am:

The Law is a stroke of the pen...the law is made up by human beings..the law is often morally wrong...the law in this case is a first class arse

While I definitely agree generally, in this instance it's about evidentiary standards and explanations. Simply because you feel like he must have meant to kill her does not mean it's true, even it is is quite likely.

When a situation offers more than one plausible explanation, the least severe is the one that must be used lest someone get punished for a crime they didn't commit.

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cods

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Re: Baden Clay wins appeal.
Reply #103 - Dec 11^th, 2015 at 9:28am

The Heartless Felon wrote on Dec 11^th, 2015 at 8:33am:

"Former Brisbane real estate agent Gerard Baden-Clay's murder conviction for killing his wife Allison has been downgraded to manslaughter"

As a result of an appeal by the defence.

so its ok with you that a lawyer can change the charge after sentencing....without a jury..

which means anyone can have their charges downgraded if they have a lawyer willing to go down that road....and the victims family cannot dispute it...

disgusting..

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Kytro

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Re: Baden Clay wins appeal.
Reply #104 - Dec 11^th, 2015 at 9:37am

cods wrote on Dec 11^th, 2015 at 9:28am:

The Heartless Felon wrote on Dec 11^th, 2015 at 8:33am:

"Former Brisbane real estate agent Gerard Baden-Clay's murder conviction for killing his wife Allison has been downgraded to manslaughter"

As a result of an appeal by the defence.

so its ok with you that a lawyer can change the charge after sentencing....without a jury..

which means anyone can have their charges downgraded if they have a lawyer willing to go down that road....and the victims family cannot dispute it...

disgusting..

Not "anyone". Anyone whose case fits the facts.

The state prosecutes, not the family. The state can appeal, if there are grounds.

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