Australian Politics Forum - Baden Clay wins appeal.

Aussie Gold Member Offline OzPolitic Posts: 38867 Gender:	Baden Clay wins appeal. Dec 8^th, 2015 at 11:06am Murder conviction set aside and convicted of manslaughter. Link. There are some old Threads on the matter (somewhere here) which make a great re-read now!
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Kytro Gold Member Offline Blasphemy: a victimless crime Posts: 3409 Adelaide Gender:	Re: Baden Clay wins appeal. Reply #1 - Dec 8^th, 2015 at 11:45am This sometimes happens in these sorts of cases.
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The Heartless Felon Gold Member Offline Australian Politics Posts: 2869 Gender:	Re: Baden Clay wins appeal. Reply #2 - Dec 8^th, 2015 at 12:18pm I suppose Booby will have to un-hang him now...
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cods Gold Member Offline Australian Politics Posts: 88048	Re: Baden Clay wins appeal. Reply #3 - Dec 8^th, 2015 at 12:20pm yes I guess we have to overlook the fact he dumped her body in some shallow creek...and pretended he knew nothing for about 3 weeks.. .. yeah! make it manslaughter after all there no bringing the mother of his daughters back is there.
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cods Gold Member Offline Australian Politics Posts: 88048	Re: Baden Clay wins appeal. Reply #4 - Dec 8^th, 2015 at 12:21pm The Heartless Felon wrote on Dec 8^th, 2015 at 12:18pm: I suppose Booby will have to un-hang him now... I trust he is still dead to his children..
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Redmond Neck Gold Member Offline OzPolitic Posts: 21747 ACT Gender:	Re: Baden Clay wins appeal. Reply #5 - Dec 8^th, 2015 at 12:45pm Very disappointing!
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Aussie Gold Member Offline OzPolitic Posts: 38867 Gender:	Re: Baden Clay wins appeal. Reply #6 - Dec 8^th, 2015 at 1:22pm Redmond Neck wrote on Dec 8^th, 2015 at 12:45pm: Very disappointing! What is?
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Redmond Neck Gold Member Offline OzPolitic Posts: 21747 ACT Gender:	Re: Baden Clay wins appeal. Reply #7 - Dec 8^th, 2015 at 1:26pm Aussie wrote on Dec 8^th, 2015 at 1:22pm: Redmond Neck wrote on Dec 8^th, 2015 at 12:45pm: Very disappointing! What is? Far Gough Tool!
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Aussie Gold Member Offline OzPolitic Posts: 38867 Gender:	Re: Baden Clay wins appeal. Reply #8 - Dec 8^th, 2015 at 1:34pm Redmond Neck wrote on Dec 8^th, 2015 at 1:26pm: Aussie wrote on Dec 8^th, 2015 at 1:22pm: Redmond Neck wrote on Dec 8^th, 2015 at 12:45pm: Very disappointing! What is? Far Gough Tool! Was the question too hard, or was it something I said?
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Neferti

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Re: Baden Clay wins appeal.
Reply #9 - Dec 8^th, 2015 at 1:38pm

Here is an opinion from a Verified Attorney on the Websleuth's site.

Quote:

He has been found responsible for unlawfully killing Allison, just without an intent proven.

He has admitted to nothing, he has never said anything other than he didn't kill his wife and doesn't know what happened to her. The arguments by his lawyers in the appeal are legal hypotheticals arguing the jury did not have enough evidence to find intent to kill.

A manslaughter verdict as it is an unlawfull killing ie there is no defence to the killing like self defence for eg, means that he is excluded from benefiting from her estate.

Re the sentencing, all the lies and post conduct of dumping her under the bridge and no admissions or any remorse whatsoever, will have great weight in determining the sentence. Manslaughter has the same max sentence as murder being 15 yrs except that it is not mandatory so the sentencing judge will decide the jail term. The sentence should still be substantial and he should do several more years in jail is my guess and hope.

I don't think there will be any more appeals. I think this is how it will end up. Also there won't be any civil litigation against him as he has no money.

http://www.websleuths.com/forums/showthread.php?272402-Gerard-Baden-Clay-s-murde...

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Aussie

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OzPolitic

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Re: Baden Clay wins appeal.
Reply #10 - Dec 8^th, 2015 at 1:57pm

Neferti wrote on Dec 8^th, 2015 at 1:38pm:

Here is an opinion from a Verified Attorney on the Websleuth's site.

Quote:

He has been found responsible for unlawfully killing Allison, just without an intent proven.

He has admitted to nothing, he has never said anything other than he didn't kill his wife and doesn't know what happened to her. The arguments by his lawyers in the appeal are legal hypotheticals arguing the jury did not have enough evidence to find intent to kill.

A manslaughter verdict as it is an unlawfull killing ie there is no defence to the killing like self defence for eg, means that he is excluded from benefiting from her estate.

Re the sentencing, all the lies and post conduct of dumping her under the bridge and no admissions or any remorse whatsoever, will have great weight in determining the sentence. Manslaughter has the same max sentence as murder being 15 yrs except that it is not mandatory so the sentencing judge will decide the jail term. The sentence should still be substantial and he should do several more years in jail is my guess and hope.

I don't think there will be any more appeals. I think this is how it will end up. Also there won't be any civil litigation against him as he has no money.

http://www.websleuths.com/forums/showthread.php?272402-Gerard-Baden-Clay-s-murde...

You mean it is written on a blog by someone whose user name is Verified Attorney AU and you reckon that makes s/him a Solicitor/Barrister? Rubbish. We do not have 'attorneys' in AU (Australia.)

This sentence is a give-away that this person does not have a clue.

Quote:

Manslaughter has the same max sentence as murder being 15 yrs except that it is not mandatory so the sentencing judge will decide the jail term.

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« Last Edit: Dec 8^th, 2015 at 2:06pm by Aussie »

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Kytro

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Blasphemy: a victimless
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Re: Baden Clay wins appeal.
Reply #11 - Dec 8^th, 2015 at 2:16pm

cods wrote on Dec 8^th, 2015 at 12:20pm:

yes I guess we have to overlook the fact he dumped her body in some shallow creek...and pretended he knew nothing for about 3 weeks.. Roll Eyes

..

yeah! make it manslaughter after all there no bringing the mother of his daughters back is there. Angry

Which is beside the point.

The problem is there was a plausible alternative explanation, which gives rise to reasonable doubt. That's how it works.

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Neferti

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Re: Baden Clay wins appeal.
Reply #12 - Dec 8^th, 2015 at 2:37pm

Aussie wrote on Dec 8^th, 2015 at 1:57pm:

Neferti wrote on Dec 8^th, 2015 at 1:38pm:

Here is an opinion from a Verified Attorney on the Websleuth's site.

Quote:

He has been found responsible for unlawfully killing Allison, just without an intent proven.

He has admitted to nothing, he has never said anything other than he didn't kill his wife and doesn't know what happened to her. The arguments by his lawyers in the appeal are legal hypotheticals arguing the jury did not have enough evidence to find intent to kill.

A manslaughter verdict as it is an unlawfull killing ie there is no defence to the killing like self defence for eg, means that he is excluded from benefiting from her estate.

Re the sentencing, all the lies and post conduct of dumping her under the bridge and no admissions or any remorse whatsoever, will have great weight in determining the sentence. Manslaughter has the same max sentence as murder being 15 yrs except that it is not mandatory so the sentencing judge will decide the jail term. The sentence should still be substantial and he should do several more years in jail is my guess and hope.

I don't think there will be any more appeals. I think this is how it will end up. Also there won't be any civil litigation against him as he has no money.

http://www.websleuths.com/forums/showthread.php?272402-Gerard-Baden-Clay-s-murde...

You mean it is written on a blog by someone whose user name is Verified Attorney AU and you reckon that makes s/him a Solicitor/Barrister? Rubbish. We do not have 'attorneys' in AU (Australia.)

This sentence is a give-away that this person does not have a clue.

Quote:

Manslaughter has the same max sentence as murder being 15 yrs except that it is not mandatory so the sentencing judge will decide the jail term.

Well, arsie, as a retired Queensland Defence Lawyer, you weren't about to give out "free advice" regarding QUEENSLAND Law on this case, so I found the above. It is up to the JUDGE what happens in January in any case, so your Legal Opinion would mean about as much as the stuff I quoted. NOBODY knows what the Judge will do in January. Tongue

I think the whole thing stinks. Baden-Clay is GUILTY. A former Real Estate person so has the gift of the gab, like Defence Lawyers .... lie through their teeth.

PS A "verified lawyer" (or a "verified doctor", etc) has to provide proper PROFESSIONAL details to the Websleuth's Management to attain that "title". Websleuths is International and has all the "murders", etc. discussions and so forth.

Like OzPol, people on "blogs" use a nickname .... hers is Alioop (from memory). You are "Aussie" are you not? Or is that your real name too? Grin

If YOU think Alioop (Verified Attorney) is wrong, join Websleuths and give your opinion. As a retired Defence Lawyer, I am sure that your credentials would be approved, immediately, by the Websleuths Management. Go on, do it. You know you want to. Grin

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« Last Edit: Dec 8^th, 2015 at 3:34pm by Neferti »

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Aussie

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Re: Baden Clay wins appeal.
Reply #13 - Dec 8^th, 2015 at 2:46pm

This ought to be enough to demonstrate that your 'Attorney' is talking crap:

Quote:

CRIMINAL CODE - SECT 310
310 Punishment of manslaughter

Any person who commits the crime of manslaughter is liable to imprisonment for life.

You said Baden Clay (well, you actually said Baden-Powell) is guilty. What did you mean? Guilty of what?

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Neferti

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Re: Baden Clay wins appeal.
Reply #14 - Dec 8^th, 2015 at 3:00pm

Aussie wrote on Dec 8^th, 2015 at 2:46pm:

This ought to be enough to demonstrate that your 'Attorney' is talking crap:

Quote:

CRIMINAL CODE - SECT 310
310 Punishment of manslaughter

Any person who commits the crime of manslaughter is liable to imprisonment for life.

You said Baden Clay is guilty. What did you mean? Guilty of what?

If you read it with BOTH eyes open, she says (or indicates) "15 years before parole" ... I took that as the sentence was the same for Murder as it is for Manslaughter .... 15 years BEFORE being eligible for parole .... but LIFE in both cases.

"She" is not MY Attorney, she is somebody on Websleuths who is a practicing Attorney in Australia, with credentials, which have been scrutinised by the Websleuth "Management". She has no idea what the JUDGE will do, and says so, and neither do you.

A JURY found Baden-Clay GUILTY OF MURDER. He Appealed ... get it? I think you are getting thick in the head.

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