Murder is usually defined as the "unlawful killing of another with malice aforethought (or "an abandoned and malignant heart"). Malice aforethought refers to the perpetrator's intention of doing harm. While Manslaughter is a homicide committed without the intention to cause death, although there may have been an intention to cause harm. Manslaughter is also a form of criminal homicide. The difference between murder and manslaughter is in the element of intent.

See here's the rub Aussie. You said Baden Clay could have done it in circumstances of mitigation.

What freaking circumstances? If Baden Clay is guilty of Manslaughter, the Public are entitled to know exactly what those circumstances are.

If the three wise moneys haven't found that out then how the f...k can they find him guilty of Manslaughter.

Sounds to me like they have discovered nothing but being as stumbling bumbling panel of Judges, who have opted for an easy cop out.

It is A COP OUT to say Baden Clay committed Manslaughter on his wife...How, when, where, what were the circumstances?

This Appeal Court totally stuffed it up and left the Public wondering what the f...k happened.

And what happened was a total miscarriage of Justice to Allison Baden Clay.

cods wrote on Dec 31^st, 2015 at 7:11pm:


Cods, everyone is entitled to the "right to a fair trial", presumption of innocence is one such right.  Some things are kept back from the Jury so as not to influence their decision, otherwise it could end up as a mistrial, I think. (Aussie will undoubtedly tell me if I am incorrect. )

The "victim" is the murdered woman, Allison!  She cannot speak for herself, obviously. The autopsy didn't find more than her normal dose of meds in her system. She did NOT commit suicide by swallowing pills and jumping off the bridge. GBC LIED through his teeth (and is still lying). The autopsy report regarding the cause of her death was "inconclusive".

The LAW is supposed to be fair and everybody is innocent until PROVED guilty.  You didn't want GBC to walk out a FREE MAN because of some inconsistencies did you? He was found GUILTY by the Jury and he Appealed and Judge/s found reason to reduce the Murder to Manslaughter. He is still a Murderer!

I do feel sorry for Allison, her kids and her parents. You would have to be a very cruel person not to. I have my fingers crossed that GBC still gets "Life" with 15 years before being ELIGIBLE for Parole .... it doesn't mean that it is automatic.

red baron wrote on Jan 1^st, 2016 at 3:22pm:


That is not what I said at all.  I said that, given Baden Clay claimed he had no involvement, it is thus impossible for him, after a conviction, to argue there were mitigating circumstances.

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You have forgotten (have you) that it is for the Cops/Prosecution to produce sufficient evidence to support any conviction.  In this matter, the Appeal Court has found two things:

1.  There was insufficient evidence to establish intent to kill beyond reasonable doubt....and I agree with that.

2.  There was sufficient evidence to establish beyond reasonable doubt that he unlawfully caused her death.......and I disagree with that (but...I accept the Umpire's decision.

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I do not endorse or adopt your terminology but I agree, as stated, that in my opinion, there was insufficient evidence to establish beyond reasonable doubt that he caused her death unlawfully.  But, the Umpire has spoken and accepted that the Jury were properly able to conclude beyond reasonable doubt that he unlawfully caused her death.

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As a deceased person, she no longer has an interest in anything, including Justice.