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Baden Clay wins appeal. (Read 99270 times)
Alinta
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Re: Baden Clay wins appeal.
Reply #105 - Dec 11th, 2015 at 9:48am
 
cods wrote on Dec 11th, 2015 at 9:28am:
The Heartless Felon wrote on Dec 11th, 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..


No Cods.........the lawyer lodges the appeal and it is the Appeal Court judge/s who make the decision......in Baden clay's case to downgrade the charges.  Certainly not automatic that anyone can have their charges downgraded......   
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Aussie
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Re: Baden Clay wins appeal.
Reply #106 - Dec 11th, 2015 at 11:02am
 
Cods, are you reading and taking any notice whatsoever?
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BlueBeard
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Re: Baden Clay wins appeal.
Reply #107 - Dec 11th, 2015 at 11:28am
 
The Heartless Felon wrote on Dec 11th, 2015 at 5:47am:
BlueBeard wrote on Dec 11th, 2015 at 5:35am:
cods wrote on Dec 10th, 2015 at 6:33pm:
BlueBeard wrote on Dec 10th, 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...


evil prevails when good men do nothing
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cods
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Re: Baden Clay wins appeal.
Reply #108 - Dec 11th, 2015 at 12:25pm
 
Alinta wrote on Dec 11th, 2015 at 9:48am:
cods wrote on Dec 11th, 2015 at 9:28am:
The Heartless Felon wrote on Dec 11th, 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..


No Cods.........the lawyer lodges the appeal and it is the Appeal Court judge/s who make the decision......in Baden clay's case to downgrade the charges.  Certainly not automatic that anyone can have their charges downgraded......   


I KNOW THAT......so  the word is JUDGE>. instead of lawyer.. of course he was never one in another life was he?????>.. Angry


and you really think no other MURDERER is going to take this route????>...

really???

I know I would its the first thing I would do....

what proof does anyone have of anyones  INTENTIONS..


only their word..

any murderer without any witness' is on a  winner..

their victim!!!! the only witness is DEAD...


and line it up with Domestic violence [she asked for it]..and provocation....she hit me first...

  a couple of years at most...

I will wait and see how many murderers who have been found guilty ...... use this in the future....
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cods
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Re: Baden Clay wins appeal.
Reply #109 - Dec 11th, 2015 at 12:28pm
 
BlueBeard wrote on Dec 11th, 2015 at 11:28am:
The Heartless Felon wrote on Dec 11th, 2015 at 5:47am:
BlueBeard wrote on Dec 11th, 2015 at 5:35am:
cods wrote on Dec 10th, 2015 at 6:33pm:
BlueBeard wrote on Dec 10th, 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...


evil prevails when good men do nothing



so true.. and just a FEW on here do prefer to do nothing....

thankfully..all labs..who would have guessed..

funny how UBER seem to upset some though... even though they are not doing any harm and killing anyone....seems to be the same if one of their own side breaks the law and uses a mobile while driving.. its fun we all do it..nothing wrong with it.. Angry Angry Angry

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Aussie
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Re: Baden Clay wins appeal.
Reply #110 - Dec 11th, 2015 at 12:41pm
 
Quote:
I KNOW THAT......so  the word is JUDGE>. instead of lawyer.. of course he was never one in another life was he?????>.. Angry


Yes, cods, the correct word is Judge, and in this Appeal, there were two who heard the appeal.  If you knew it, why did you not refer to the person as a Judge?  Quite frankly, given just about any post you make on these topics, I am convinced that in fact, you know nothing and simply beat the emotive drums.


Quote:
and you really think no other MURDERER is going to take this route????>...

really???

I know I would its the first thing I would do....


Are you really sitting at a keyboard believing that Baden Clay is the first person convicted of murder to appeal?

Quote:
what proof does anyone have of anyones  INTENTIONS..


only their word..

any murderer without any witness' is on a  winner..

their victim!!!! the only witness is DEAD...


Do you recall the recent discussion here on circumstantial evidence?  In the absence of a confession, or an eye witness, everyone is left with basic facts.....circumstantial evidence.......and if that is not enough to prove the relevant intent, there the matter ends.  That is the Law we inherited from your Mob.


Quote:
and line it up with Domestic violence [she asked for it]..and provocation....she hit me first...

  a couple of years at most...

I will wait and see how many murderers who have been found guilty ...... use this in the future....


How about you do some research (instead of mouthing off) and find out for yourself how many have been down this route a zillion times in the past?

(and cods.......chucking a few emoticons into a hotch potch does not a sensible post make.)
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The Heartless Felon
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Re: Baden Clay wins appeal.
Reply #111 - Dec 11th, 2015 at 12:44pm
 
Cods, how do you feel about Pistorius having his charge upgraded?

P.S. I'm not a Labrador...
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Re: Baden Clay wins appeal.
Reply #112 - Dec 11th, 2015 at 1:21pm
 
In this, you will find a very good back ground picture of this matter, written by a Journalist
who was there during the whole of the Trial.
  Take the time to read it......especially you, cods, and get enlightened with the facts.

Link.

Excerpts:

Quote:
MUCH has been said about Gerard Baden-Clay this week and much of it has been deserved.

But one thing must be made clear: Baden-Clay has never changed his story. He has barely moved an inch.

During the trial, everyone heard him tell the same version of Allison's "disappearance" no less than three times.

He told it to the cops first on the scene at their Brookfield house, he told it during a second chat to cops and he told it again in the witness box in court.

I know this because I covered the whole trial and I heard him refer repeatedly to his "poo-shower-shave" routine in the course of his account.


Quote:
Don't get me wrong, Baden-Clay is a liar who killed his wife and left three little girls enormously traumatised and essentially parentless.

But I'm getting tired of reading his murder charge was downgraded to manslaughter because he changed his story.

It is simply untrue.


Quote:
During the trial last year, before the jury went out to consider its verdict, Baden-Clay's lawyers made a submission there was no case to answer on the murder charge.

In making that submission, they conceded there was enough evidence for a manslaughter conviction but there was no proof he intended to kill Allison.

To convict a person of murder, the jury must be convinced beyond a reasonable doubt Baden-Clay intended to kill, rather unintentionally causing a death.

The trial justice disagreed with the submission and the decision went to the jury, which came back with a guilty verdict for murder.


Quote:
During the appeal hearing in August, his lawyers again argued the Crown could only prove a case for manslaughter, not murder.

There was no evidence proving intent, such as injuries to the body or cause of death, and the Crown's suggested motives for murder - such as financial troubles and an extra-marital affair - were speculative when there was no history of violence between the couple, the defence said.

When lawyers make these arguments, they put forward other possible scenarios.

The Crown does the same thing to sell their version of events to a jury, especially when presenting a circumstantial case.

Baden-Clay's defence team told the appeal court the evidence could point to an "unintentional" killing, that an altercation had occurred - she fell and died.


The rest is just as informative, but I'm running out of space.

Please read it all.i
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Grappler Deep State Feller
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Re: Baden Clay wins appeal.
Reply #113 - Dec 11th, 2015 at 3:27pm
 
BlueBeard wrote on Dec 11th, 2015 at 11:28am:
The Heartless Felon wrote on Dec 11th, 2015 at 5:47am:
BlueBeard wrote on Dec 11th, 2015 at 5:35am:
cods wrote on Dec 10th, 2015 at 6:33pm:
BlueBeard wrote on Dec 10th, 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...


evil prevails when good men do nothing


All that is required for evil to prevail is that men (and women) of good will do nothing.

It's taken two centuries to even get a start on overhauling the evils of the courts and policing systems, let alone the justice system.  In those two plus centuries, countless innocents have been violated in countless ways, for as little as having the misfortune to encounter a cop on a bad day.

The justice system, BTW, is the manner in which punishment is dealt with - not in its handing down.... that is the judicial system.
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“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”
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cods
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Re: Baden Clay wins appeal.
Reply #114 - Dec 11th, 2015 at 3:36pm
 
Baden-Clay's defence team told the appeal court the evidence could point to an "unintentional" killing, that an altercation had occurred - she fell and died.


a very telling word...


I would have to read the book again.. its too sad and close to Xmas so maybe after..

I find it hard to believe they didnt fight more for that during the trial.. in that case....

is that because they were intent on finding him NOT GUILTY OF ANYTHING.... Roll Eyes Roll Eyesdouble jeopardy

were they hoping the jury would find she self murdered and floated over the bridge..

funny thing..  IVAN MILAT still claims he didnt do it..

what next????? ..let him out and start all over again..why not.
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Re: Baden Clay wins appeal.
Reply #115 - Dec 11th, 2015 at 3:38pm
 
cods wrote on Dec 11th, 2015 at 3:36pm:
Baden-Clay's defence team told the appeal court the evidence could point to an "unintentional" killing, that an altercation had occurred - she fell and died.


a very telling word...


I would have to read the book again.. its too sad and close to Xmas so maybe after..

I find it hard to believe they didnt fight more for that during the trial.. in that case....

is that because they were intent on finding him NOT GUILTY OF ANYTHING.... Roll Eyes Roll Eyesdouble jeopardy

were they hoping the jury would find she self murdered and floated over the bridge..

funny thing..  IVAN MILAT still claims he didnt do it..

what next????? ..let him out and start all over again..why not.


I'm satisfied you have not read that link.  His Defence Team conceded DURING THE TRIAL that a finding of guilt of manslaughter was open on the evidence.  Read it cods.
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Gnads
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Re: Baden Clay wins appeal.
Reply #116 - Dec 12th, 2015 at 6:24am
 
The bloke is as guilty as sin

what he did after he murdered her was deliberate, callous

& that of a real grub.

They should throw the keys away

I hope the AT appeals back.
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Re: Baden Clay wins appeal.
Reply #117 - Dec 12th, 2015 at 6:31am
 
Gnads wrote on Dec 12th, 2015 at 6:24am:
The bloke is as guilty as sin

what he did after he murdered her was deliberate, callous

& that of a real grub.

They should throw the keys away

I hope the AT appeals back.


Check with Aussie, he's our QC on the forum!

That is if you dont mind being bored to tears.  Grin Grin
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cods
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Re: Baden Clay wins appeal.
Reply #118 - Dec 12th, 2015 at 6:43am
 
Redmond Neck wrote on Dec 12th, 2015 at 6:31am:
Gnads wrote on Dec 12th, 2015 at 6:24am:
The bloke is as guilty as sin

what he did after he murdered her was deliberate, callous

& that of a real grub.

They should throw the keys away

I hope the AT appeals back.


Check with Aussie, he's our QC on the forum!

That is if you dont mind being bored to tears.  Grin Grin




only in QLD of course...

why didnt his lawyer fight for a manslaughter verdict

he knows hes guilty of killing her.....he said so...

[ however I think Gerard still claims he didnt do it]..

.

seems to me this makes a mockery of a jury of peers... 12 good men and true...


Quote:
The court overturned the jury's verdict that Baden-Clay was guilty of murder, and substituted a conviction of manslaughter for Allison's death.



is not going to be good enough in future...well not in Qld at any rate...
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The Heartless Felon
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Re: Baden Clay wins appeal.
Reply #119 - Dec 12th, 2015 at 6:53am
 
"His Defence Team conceded DURING THE TRIAL that a finding of guilt of manslaughter was open on the evidence."

How many times does this have to be said?

I have nothing but contempt for this grub, however, trials and appeals are decided by law, not emotion.
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