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Baden Clay wins appeal. (Read 99993 times)
greggerypeccary
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Re: Baden Clay wins appeal.
Reply #585 - Jan 9th, 2016 at 12:10pm
 
mitasol wrote on Jan 9th, 2016 at 11:59am:
cods wrote on Jan 9th, 2016 at 10:05am:
mitasol wrote on Jan 9th, 2016 at 8:51am:
     Posted on: Today at 8:51am
One of Australia’s leading and highest paid criminal barristers, Robert Richter QC, has declared that it is unlikely Gerard Baden-Clay’s downgraded manslaughter conviction will be overturned, labelling the key argument in the appeal against him as ­“absurd” and unable to stand up to analysis.
The DPP had sought the delay, arguing that his murderous intent was proved when he tried to cover up the killing of his wife and then claim no involvement.
But Mr Richter, who commands fees of more than $10,000 a day to represent clients, said the appeal was doomed to fail, and while there was popular support for it, the public was not equipped to make legal judgments amid an atmosphere of “hysteria”.



what makes him think he is MORE EQUIPPED to make JUDGEMENTS about the PUBLIC?..

$10.000 a day.. no wonder hes up himself... Angry

well now I am more and more hoping this APPEAL GETS THROUGH>. just to rub it in his face..

what an arrogant zot....

as per usual   not a concern  for justice for the victim....someone gets murdered  and suddenly its has nothing to do with DYING... Roll Eyes Roll Eyes

just about what was in his mind... whilst she was inconveniently dying..... Roll Eyes Roll Eyes Roll Eyes Roll Eyes

I didnt see the HYSTERICAL MOB...... I did see a VERY CONCERNED MOB though..

concerned that every murder from now on can use this for an appeal.....against their murder conviction.....

why not go straight to the appeal court judges in the first place... Angry Angry Angry

do you think that would upset Mr $10.000 a day????????

I am bloody sure it would.



You could probably start with an LLB (Hons), that probably gives him a leg up on the interpretation of the law versus the raving hordes with an ACA mentality.


Don't knock ACA.

That's where Red and cods get most of their 'facts'.

ACA and 60 Minutes.

If there's grainy slow-motion footage of someone walking to their car, with foreboding music playing in the background, you can be sure as hell that they're guilty.

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Panther
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Re: Baden Clay wins appeal.
Reply #586 - Jan 9th, 2016 at 12:26pm
 
Don't like the laws.......DEMAND the pols change them, instead of praising their lame asses as if they were royalty!

Don't like the way the judges give criminals such light treatment, then DEMAND the pols change the laws on how they are selected & appointed.

Force the issue, or is that only something 'real' men are capable of doing, & we in Australia have a short supply of them?

Term limits for starters, & have them subject to recall by public petition, after all they are 'public servants' are they not?

Why doesn't the 'public' grow some balls & DEMAND they get their acts in order, or it's adios amigos!
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Re: Baden Clay wins appeal.
Reply #587 - Jan 9th, 2016 at 12:27pm
 
...
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Grappler Deep State Feller
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Re: Baden Clay wins appeal.
Reply #588 - Jan 9th, 2016 at 1:02pm
 
red baron wrote on Jan 8th, 2016 at 2:33pm:
Fair enough Aussie, it looked like a kosher site. Perhaps you might grace this thread with the Qld version.

Incidentally I've just been reading a post you put up some time ago,  from a Qld News Paper, certain things in it grabbed me. :

Updated 9 Dec 2015, 12:42am


Allison Baden-Clay and Gerard Baden-Clay
Photo: Allison Baden-Clay was reported missing by her husband Gerard in April 2012. (Supplied)

Related Story: Timeline of Baden-Clay trial



Map:  Brookfield 4069



So far today police in Australia would have dealt with on average

420
domestic violence matters


Learn more about these numbers. Share

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

The Court of Appeal set aside the murder finding, saying there was not enough evidence to prove he intended to kill the mother-of-three in 2012.

During Baden-Clay's appeal four months ago, his lawyers argued it was possible he could have unintentionally killed his wife during an argument at their home in Brookfield, in Brisbane's west.

His lawyers then suggested a hypothesis that he covered up the death out of "panic".

During the 2014 trial, Baden-Clay denied killing Allison and said scratches on his face were caused by shaving.

In response to the appeal court's ruling, Acting Attorney-General Cameron Dick said he was seeking legal advice on whether the Court of Appeal ruling could be challenged.

"I have requested legal advice about the prospects of success on an appeal against the decision of the Court of Appeal involving Gerard Baden-Clay," he said in a statement.

"Once that advice has been received and considered, a decision will be made as to whether an appeal should be lodged.

"The Attorney-General must make a decision on any possible appeal within 28 days."

In the judgement handed down on Tuesday, the Court of Appeal said while Baden-Clay lied about the cause of scratches on his face and tried to hide his wife's body, there was a reasonable hypothesis he was innocent of murder.

Face of Gerard Baden-Clay, showing injuries (released March 20 2013)

The marks on the face of Gerard Baden-Clay after his wife's death. (Supplied: Queensland Courts.)
Image  1 of 4
Marks on face of Gerard Baden-Clay (photo released March 20, 2013)

The Supreme Court released the photos during the trial. (Supplied: Queensland Courts)
Image  2 of 4
Torso of Gerard Baden-Clay, showing chest marks (uploaded March 20, 2013)

Lawyers for Baden-Clay hypothesised he unintentionally killed Allison during an argument. (Supplied: Queensland Courts.)
Image  3 of 4
Gerard Baden-Clay's hands

Scratches on the hands of Gerard Baden-Clay. (AAP: Queensland Courts)
Image  4 of 4

Gallery: Gerard Baden-Clay's injuries



It could not be ruled out that there was a physical confrontation in which Allison fell and hit her head, the ruling by Chief Justice Catherine Holmes, Justice Hugh Fraser and Justice Robert Gotterson found.

"Smothering, the crown's thesis, was a reasonable possibility, but while there was also another reasonable possibility available on the evidence, the jury could not properly have been satisfied beyond reasonable doubt that the element of intent to kill or do grievous bodily harm had been proved," Justice Fraser wrote in Tuesday's findings.

Baden-Clay, 45, reported his wife missing in April 2012 and her body was found 10 days later beside a creek.

He was convicted last year and jailed for life, with a non-parole period of 15 years.

New sentencing submissions for the manslaughter conviction will be heard in January.

From Red Baron: I did a double take at the hypothesising that has gone on by the Judges during their deliberations.

Gerard Baden-Clay 'could have done this and could have done that'

What were they thinking?????????

On the basis that they think he may have killed her accidentally, they have watered down his charges.

Baden-Clay has been as silent as a tomb, so on the whim of the Judges who think 'he may have done this or may have done that they have reduced a Murder finding to a Manslaughter charge, where he will most probably do 6 years.

Not bad for killing your wife.

If that is Justice we might as well just go grab a gun and take our own Justice out on anyone who murdered one of our loved ones, I'm sure we could get our charge watered down to Manslaughter. Particularly if it was in the deep north - (Qld).




Point about all that,. Red, is the 'silent as a tomb' part of it... he never admitted it and all the evidence is/was circumstantial... nothing ever directly linked him to her death...

So - in reality - the whole case has been supposition and 'he may have done this' or 'he may have done that' etc.... a PERFECT example of The Deep North......

It's amazing how an assumption gets into the popular mind about how a person is guilty on accusation based on assumption, supposition, prejudice, and emotion.  The Thin Black Line of Law is thin enough already - be more than careful about weakening it further lest you open the door to a rule of the mob or of a self-appointed ruling group.

What if he is innocent?
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Re: Baden Clay wins appeal.
Reply #589 - Jan 9th, 2016 at 1:35pm
 
He's a QC and certainly not the only one who charges $10,000 per day.........
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Re: Baden Clay wins appeal.
Reply #590 - Jan 9th, 2016 at 2:21pm
 
Panther wrote on Jan 9th, 2016 at 12:26pm:
Don't like the laws.......DEMAND the pols change them, instead of praising their lame asses as if they were royalty!

Don't like the way the judges give criminals such light treatment, then DEMAND the pols change the laws on how they are selected & appointed.

Force the issue, or is that only something 'real' men are capable of doing, & we in Australia have a short supply of them?

Term limits for starters, & have them subject to recall by public petition, after all they are 'public servants' are they not?

Why doesn't the [b]'public'[/b] grow some balls & DEMAND they get their acts in order, or it's adios amigos!



well in case you missed it.. quite a few people did DEMAND IT IN QLD>>QUITE A FEW SIGNED A PETITION...TELLING THE POWERS THAT BE THEY DIDNT LIKE WHAT THE APPEAL COURT HAD DONE....



and if you care to read the lefties on here you will see what they are called for standing up for what they believe in..

thats right we are low lifers who only watch ACA and 60 Min for our infor..

unlike some who get their info from
FACEBOOK..
..

people like myself prefer to make up their own minds.....and If I disagree with the LAAW

yes I DO HAVE THE BALLS TO STAND BY MY CONVICTIONS....and I do it as a rule without taking anyone else down for thinking differently...

lets see what you have done about the LAMe LAWS and JUDGES????>.. Angry Angry

bugger all I bet,.like a few others I could name.

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cods
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Re: Baden Clay wins appeal.
Reply #591 - Jan 9th, 2016 at 2:29pm
 
Grappler Deep State Feller wrote on Jan 9th, 2016 at 1:02pm:
Point about all that,. Red, is the 'silent as a tomb' part of it... he never admitted it and all the evidence is/was circumstantial... nothing ever directly linked him to her death...

So - in reality - the whole case has been supposition and 'he may have done this' or 'he may have done that' etc.... a PERFECT example of The Deep North......

It's amazing how an assumption gets into the popular mind about how a person is guilty on accusation based on assumption, supposition, prejudice, and emotion.  The Thin Black Line of Law is thin enough already - be more than careful about weakening it further lest you open the door to a rule of the mob or of a self-appointed ruling group.

What if he is innocent?




dont worry grap....if the supreme beings in Qld do what most of us expect them to do... not allow the appeal of the appeal.....then the next step he will want the manslaughter thrown out...


dont you think he acted strange for a man who is innocent though...???? he didnt look for her didnt show any interest in the search....I dont even recall him looking upset... letalone look for her....

he told lies about the night she wasnt there... said he went to bed at 10pm and slept which he didnt do... that is proved...why would you do that if you were innocent??????.....

dont expect him to ever admit anything...he has no conscience....and thats what you need if you own your mistakes..
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Re: Baden Clay wins appeal.
Reply #592 - Jan 9th, 2016 at 2:48pm
 
I hate addressing cliches so I'll not.



red baron wrote on Jan 9th, 2016 at 8:29am:
The Judges hypothesized and the Defence Lawyers weakened the seams.

Then the decision by Jury was gutted and sent to the bottom of the ocean.

Then 'the three wise monkeys' hypothesized their way into believing that Gerard Baden-Clay 'accidentally killed his wife'.

Is this the Law at work? If so, then the Law is a bloody joke.

Wrong.  The Prosecution failed to produce evidence which could satisfy a properly instructed Jury that intent to kill could be proved beyond reasonable doubt.


How can these three wise monkeys came to this decision is a bigger mystery than the Bermuda triangle. Where is the evidence that he 'accidentally killed her'. There isn't one shred.

Correct.  Neither was there sufficient evidence (to use your loose terminology) which established he intended to kill her.  The onus of proof of every element of an offence is on the Prosecution.


So...they are saying there is sufficient evidence to say he accidentally killed her but not enough to say he murdered her.

Incorrect.  They are saying there was insufficient 'to say' he intended to kill her.


You can't have it both ways wise monkeys.

There is no double standard.  The onus proof is on the Crown/Prosecution.


He either did or he didn't murder her. The Jury have said he did.

No.  It is not black and white like that at all.  The Prosecution either introduced sufficient evidence to establish an intent to kill beyond reasonable doubt, or it did not.  The Appeal Court has determined it did not.  Hence, murder is not proven as required.


Then  the three wise monkeys swept it aside for some convoluted crock of sh.t decision of Manslaughter...don't know what that is but it ain't Justice for Allison Baden-Clay.

The Criminal Justice system is set up in such a way to protect us all from hysterical lynch mobs.  Victims never get Justice there.  They have rights they can pursue in the Civil Justice system.  Of course, if the victim is dead, they are (harsh, I know) irrelevant to both systems.




Cods.....the Law does not use the standard you refer to which is 'beyond a shadow of doubt.'  You are making stuff up and it is really silly.

The standard of proof required is beyond reasonable doubt, not all doubt.
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Re: Baden Clay wins appeal.
Reply #593 - Jan 9th, 2016 at 2:55pm
 
cods wrote on Jan 9th, 2016 at 2:29pm:
Grappler Deep State Feller wrote on Jan 9th, 2016 at 1:02pm:
Point about all that,. Red, is the 'silent as a tomb' part of it... he never admitted it and all the evidence is/was circumstantial... nothing ever directly linked him to her death...

So - in reality - the whole case has been supposition and 'he may have done this' or 'he may have done that' etc.... a PERFECT example of The Deep North......

It's amazing how an assumption gets into the popular mind about how a person is guilty on accusation based on assumption, supposition, prejudice, and emotion.  The Thin Black Line of Law is thin enough already - be more than careful about weakening it further lest you open the door to a rule of the mob or of a self-appointed ruling group.

What if he is innocent?




dont worry grap....if the supreme beings in Qld do what most of us expect them to do... not allow the appeal of the appeal.....then the next step he will want the manslaughter thrown out...


dont you think he acted strange for a man who is innocent though...???? he didnt look for her didnt show any interest in the search....I dont even recall him looking upset... letalone look for her....

he told lies about the night she wasnt there... said he went to bed at 10pm and slept which he didnt do... that is proved...why would you do that if you were innocent??????.....

dont expect him to ever admit anything...he has no conscience....and thats what you need if you own your mistakes..


Go back to that pretend scenario I presented you with concerning the ornament.  The teenage was not interested in looking for it.  He too did not look upset.  But he did have a cut in his hand.  He too told lies that he did not cause the ornament to break...his fingerprints were on the fragments found in the rubbish bin.  Does any or all of that prove beyond reasonable doubt that the ornament is in pieces because he meant to destroy it?
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Re: Baden Clay wins appeal.
Reply #594 - Jan 9th, 2016 at 3:17pm
 

In all honesty, you're wasting your time Aussie.

...

Red Baron and cods will just never get it.

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Re: Baden Clay wins appeal.
Reply #595 - Jan 9th, 2016 at 3:29pm
 
greggerypeccary wrote on Jan 9th, 2016 at 3:17pm:
In all honesty, you're wasting your time Aussie.

http://thumb1.shutterstock.com/display_pic_with_logo/620377/620377,1313117075,4/...

Red Baron and cods will just never get it.



Surely, if I keep trying often enough, they will see what really is a very simple point?
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Re: Baden Clay wins appeal.
Reply #596 - Jan 9th, 2016 at 3:31pm
 
Aussie wrote on Jan 9th, 2016 at 3:29pm:
greggerypeccary wrote on Jan 9th, 2016 at 3:17pm:
In all honesty, you're wasting your time Aussie.

http://thumb1.shutterstock.com/display_pic_with_logo/620377/620377,1313117075,4/...

Red Baron and cods will just never get it.



Surely, if I keep trying often enough, they will see what really is a very simple point?



Your optimism is admirable.

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Re: Baden Clay wins appeal.
Reply #597 - Jan 9th, 2016 at 3:48pm
 
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Re: Baden Clay wins appeal.
Reply #598 - Jan 9th, 2016 at 3:48pm
 
.
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greggerypeccary
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Re: Baden Clay wins appeal.
Reply #599 - Jan 9th, 2016 at 4:03pm
 
Aussie wrote on Jan 9th, 2016 at 3:29pm:
greggerypeccary wrote on Jan 9th, 2016 at 3:17pm:
In all honesty, you're wasting your time Aussie.

http://thumb1.shutterstock.com/display_pic_with_logo/620377/620377,1313117075,4/...

Red Baron and cods will just never get it.



Surely, if I keep trying often enough, they will see what really is a very simple point?


They don't want to see.

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