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Baden Clay wins appeal. (Read 99153 times)
Kytro
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Re: Baden Clay wins appeal.
Reply #30 - Dec 8th, 2015 at 4:38pm
 
cods wrote on Dec 8th, 2015 at 3:20pm:
Kytro wrote on Dec 8th, 2015 at 2:16pm:
[quote author=cods link=1449536783/3#3 date=1449541209]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 Roll Eyes..

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


Which is beside the point.

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



I like it...


when you kill someone there is always an alternative explanation.. Roll Eyes Roll Eyes

you mean

apart from someone being DEAD of course.

or maybe.. APPEARING TO BE DEAD>

should that be ALLEGEDLY DEAD... just to be safe..

its hard to tell these days...

by the time some are finished with the system... we end up owing them.......and they come out HEROs..

gosh I hadnt looked at it that way.. Angry


Reasonable alternative explanation. That's how our system works.
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cods
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Re: Baden Clay wins appeal.
Reply #31 - Dec 8th, 2015 at 4:44pm
 


Kytro wrote on Dec 8th, 2015 at 4:24pm:
All Australian citizens are entitled to legal representatio



WHY entitled Kytro??.....

we have sick people begging for medication they cannot afford.......

they too are Australian citizens..

yet are they not amongst those who are l ENTITLED.. to everything thats FREE... Roll Eyes Roll Eyes Roll Eyes

I am just asking..
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Aussie
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Re: Baden Clay wins appeal.
Reply #32 - Dec 8th, 2015 at 4:46pm
 
cods wrote on Dec 8th, 2015 at 4:38pm:
he didnt want her to go to the  Real Estate conference where his mistress would be...?????....

what does INTENT MEAN....does it mean you have to intend doing the person harm before you challenge them...?? which would be almost impossible to prove unless you found a plan they "intended" to work too..

does DOMESTIC VIOLENCE rear its head in these cases??????????......



if he didnt intend to KILL her.. did he intend to cause her any harm at all... Roll Eyes Roll Eyes Roll Eyes

or did she manage to fall all by herself.. and who knows maybe did herself harm at the bridge before she fell over it.....

the DIckie family must be devastated   they would have looked into this blokes eyes....and seen the coldness...

to have play acted like he did before she was found... would take some cold bastard thats for sure....


somehow Allison will be all but forgotten now whilst his miserable lawyers fight for his lousy release...

one thing nef he wont be able to hide will he..and they can keep him in Qld... see where there been  another murder suicide up there.. Roll Eyes Roll Eyes Roll Eyes


alive one day dead the next...an 11 year old allegedly  killed by her mother..






cods, read.....this is the Queensland definition of murder:

Quote:
CRIMINAL CODE - SECT 302
302 Definition of murder

(1) Except as hereinafter set forth, a person who unlawfully kills another under any of the following circumstances, that is to say—

    (a) if the offender intends to cause the death of the person killed or that of some other person or if the offender intends to do to the person killed or to some other person some grievous bodily harm;

    (b) if death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life;

    (c) if the offender intends to do grievous bodily harm to some person for the purpose of facilitating the commission of a crime which is such that the offender may be arrested without warrant, or for the purpose of facilitating the flight of an offender who has committed or attempted to commit any such crime;

    (d) if death is caused by administering any stupefying or overpowering thing for either of the purposes mentioned in paragraph (c);

    (e) if death is caused by wilfully stopping the breath of any person for either of such purposes;

is guilty of murder.

(2) Under subsection (1)(a) it is immaterial that the offender did not intend to hurt the particular person who is killed.

(3) Under subsection (1)(b) it is immaterial that the offender did not intend to hurt any person.

(4) Under subsection (1)(c) to (e) it is immaterial that the offender did not intend to cause death or did not know that death was likely to result.


Now, re-evaluate what you posted in light of that certainty.

Kytro is right.  The onus of proving guilt (beyond reasonable doubt) of murder (intent to kill/grievous bodily harm) rests with the Crown/Prosecution, and that means they must exclude (beyond reasonable doubt) any and every hypothesis consistent with innocence.
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cods
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Re: Baden Clay wins appeal.
Reply #33 - Dec 8th, 2015 at 4:48pm
 
Kytro wrote on Dec 8th, 2015 at 4:38pm:
cods wrote on Dec 8th, 2015 at 3:20pm:
Kytro wrote on Dec 8th, 2015 at 2:16pm:
[quote author=cods link=1449536783/3#3 date=1449541209]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 Roll Eyes..

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


Which is beside the point.

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



I like it...


when you kill someone there is always an alternative explanation.. Roll Eyes Roll Eyes

you mean

apart from someone being DEAD of course.

or maybe.. APPEARING TO BE DEAD>

should that be ALLEGEDLY DEAD... just to be safe..

its hard to tell these days...

by the time some are finished with the system... we end up owing them.......and they come out HEROs..

gosh I hadnt looked at it that way.. Angry


Reasonable alternative explanation. That's how our system works.




reasonable... so it was reasonable that she was killed....and he disposed of the body.....

you know our system has so many faults it isnt even funny,...........

was it reasonable MONIS was out on bail with all those charges he was facing..

really was that reasonable?????????........

there is something rotting away in our legal system....it smells to high heaven...and people like you ignore it........

until it fails you of course... Angry Angry
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Kytro
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Re: Baden Clay wins appeal.
Reply #34 - Dec 8th, 2015 at 5:07pm
 
cods wrote on Dec 8th, 2015 at 4:44pm:
Kytro wrote on Dec 8th, 2015 at 4:24pm:
All Australian citizens are entitled to legal representatio



WHY entitled Kytro??.....

we have sick people begging for medication they cannot afford.......

they too are Australian citizens..

yet are they not amongst those who are l ENTITLED.. to everything thats FREE... Roll Eyes Roll Eyes Roll Eyes

I am just asking..


Most medicines are cheap or if you don't earn enough, free in for citizens.
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Kytro
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Re: Baden Clay wins appeal.
Reply #35 - Dec 8th, 2015 at 5:10pm
 
cods wrote on Dec 8th, 2015 at 4:48pm:
reasonable... so it was reasonable that she was killed....and he disposed of the body.....

you know our system has so many faults it isnt even funny,...........

was it reasonable MONIS was out on bail with all those charges he was facing..

really was that reasonable?????????........

there is something rotting away in our legal system....it smells to high heaven...and people like you ignore it........

until it fails you of course... Angry Angry


The argument was he didn't mean to kill her, and panicked. Would you say it would be reasonable to panic if you accidentally killed someone?

I'm not saying that this was the case, I'm just pointing out the arguments. We don't get to keep people in prison based on our feels about them
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red baron
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Re: Baden Clay wins appeal.
Reply #36 - Dec 8th, 2015 at 5:10pm
 
Baden-Clay was found guilty by a jury of his peers of murder.

Now a panel of 3 Judges have set aside that Murder verdict and called it Manslaughter.

You see......this is where the JUSTICE SYSTEM falls down in a heap of its own faeces.

I have listened to the reasons why the Judges set the decision aside.

If a Jury did that they would be bludgeoned by the Judge and given directions to think it along other lines.

Amongst the reasons, "there were no reasons why Baden-Clay would have done it because of his financial hardship...BULLSH.T!!!!!!!!"

The scratches on his face have no bearing on the case...BULLSH.T!!!!!!!!!!

And that is only the thirty second grab I got from the news.



This is crap...Baden-Clay Murdered her..A jury said so and 3 Judges have decided not so.

This is why people view the legal system as a load of sh.t....which in this case...it is!!!!!!!!!!
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« Last Edit: Dec 8th, 2015 at 5:45pm by red baron »  
 
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Re: Baden Clay wins appeal.
Reply #37 - Dec 8th, 2015 at 5:16pm
 
Aussie wrote on Dec 8th, 2015 at 4:30pm:
Quote:
EVIDENCE, obviously. That's where the POLICE investigate.  Defence Lawyers, just get paid to TRY to get the perpetrator off with a minimum sentence.  Have you ever had to defend somebody who has committed MURDER, or just DUI (traffic offences)?

You sound to me like you have never acted for anyone other than a traffic offence, or a divorce. IF I had a Legal Problem, you (judging by your comments here) would be the LAST PERSON I would contact to "defend" ME


It would not matter to you how I answered that, so, I will not bother.  If you ever had walked into my Office 'on fire' seeking my assistance, I would, as a deliberate matter of choice,  have gone to the toilet and made better use of the waste product washing down the urinal.


I used Lawyers in Canberra in 1981 for a Divorce. Terry Higgins is now a Judge.  Wink What happened to you?

Oh, that's right, you bought Taxi plates.  Grin
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Neferti
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Re: Baden Clay wins appeal.
Reply #38 - Dec 8th, 2015 at 5:21pm
 
red baron wrote on Dec 8th, 2015 at 5:10pm:
Baden-Clay qwas found guilty by a jury of his peers of murder.

Now a panel of 3 Judges have set aside that Murder verdict and called it Manslaughter.

You see......this is where the JUSTICE SYSTEM falls down in a heap of its own faeces.

I have listened to the reasons why the Judges set the decision aside.

If a Jury did that they would be bludgeoned by the Judge and give directions to think it along other lines.

Amongst the reasons, "there were no reasons why Baden-Clay would have done it because of his financial hardship...BULLSH.T!!!!!!!!"

The scratches on his face have no bearing on the case...BULLSH.T!!!!!!!!!!

And that is only the thirty second grab I got from the news.



This is crap...Baden-Clay Murdered her..A jury said so and 3 Judges have decided not so.

This is why people view the legal system as a load of sh.t....which in this case...it is!!!!!!!!!!


EXACTLY Red Baron, as usual, arsie is trying the run the show.  Wink
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BlueBeard
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Re: Baden Clay wins appeal.
Reply #39 - Dec 8th, 2015 at 5:25pm
 
with any luck he'll get shanked in Jail,
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Re: Baden Clay wins appeal.
Reply #40 - Dec 8th, 2015 at 5:26pm
 
red baron wrote on Dec 8th, 2015 at 5:10pm:
Baden-Clay qwas found guilty by a jury of his peers of murder.

Now a panel of 3 Judges have set aside that Murder verdict and called it Manslaughter.

You see......this is where the JUSTICE SYSTEM falls down in a heap of its own faeces.

I have listened to the reasons why the Judges set the decision aside.

If a Jury did that they would be bludgeoned by the Judge and give directions to think it along other lines.

Amongst the reasons, "there were no reasons why Baden-Clay would have done it because of his financial hardship...BULLSH.T!!!!!!!!"

The scratches on his face have no bearing on the case...BULLSH.T!!!!!!!!!!

And that is only the thirty second grab I got from the news.



This is crap...Baden-Clay Murdered her..A jury said so and 3 Judges have decided not so.

This is why people view the legal system as a load of sh.t....which in this case...it is!!!!!!!!!!


Mr Baron, have you read the Judgement or read/heard the comics?
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Redmond Neck
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Re: Baden Clay wins appeal.
Reply #41 - Dec 8th, 2015 at 5:34pm
 
Word of warning!

DONT TAKE ANY NOTICE OF A FAILED  LAWYER!

IGNORE IS THE GENERAL ADVICE!

Wink
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BAN ALL THESE ABO SITES RECOGNITIONS.

ALL AUSTRALIA IS FOR ALL AUSTRALIANS!
 
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Re: Baden Clay wins appeal.
Reply #42 - Dec 8th, 2015 at 5:39pm
 
Redmond Neck wrote on Dec 8th, 2015 at 5:34pm:
Word of warning!

DONT TAKE ANY NOTICE OF A FAILED  LAWYER!

IGNORE IS THE GENERAL ADVICE!

Wink


Who are you referring to Mr R Neck?  The 'Verified Attorney' cited by Neferti?
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red baron
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Re: Baden Clay wins appeal.
Reply #43 - Dec 8th, 2015 at 5:47pm
 
I have followed this case closely since it surfaced.

I stand by my comments, every syllable of them!

Trust you to stand with the Judges, as predictable as nightfall.
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Re: Baden Clay wins appeal.
Reply #44 - Dec 8th, 2015 at 5:49pm
 
red baron wrote on Dec 8th, 2015 at 5:47pm:
I have followed this case closely since it surfaced.

I stand by my comments, every syllable of them!

Trust you to stand with the Judges, as predictable as nightfall.


Have you read the Judgement, Mr Baron?  (Really....that is not a hard question.)
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