Baden Clay Trial

[azureline**]

Allison Baden Clay Murder 2 years ago

I was reading up on this today, as the trial started Monday.

The senior Baden Clay was on the stand today and gave evidence about something his wife told him about his daughter in law..................................I thought they usually objected and called that heresay?

Don't they do that in Australia? have I watched too many American crime shows?

[purple_haize]

Thankyou Az, for that, I understand now.

[gleee58]

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@azureline** wrote:

The Court of Appeal is a division of the Supreme Court and hears all appeals from the Supreme and District Courts, and many tribunals.

The court does not hear entire cases or have a jury, and deals only with the subject of the appeal. It is made up of three or five judges of the Supreme Court who consider the grounds of the appeal and make a judgment.

The judges listen to the arguments by the opposing sides and decide whether an error of law was made or some crucial fact was overlooked in the original hearing.

The Court of Appeal can:

• dismiss the appeal and uphold the decision of a lower court or tribunal
• allow the appeal, set aside the decision of the lower court and make a different order in its place.

If the appeal is dismissed, nothing changes. If the appeal is allowed, the judges can order a retrial or make a different order in its place.

If the application is to appeal against a sentence, the court can increase or decrease the length of the sentence. If the court is considering increasing the sentence on appeal the court will inform you of their intention so that you may withdraw the application. If the Attorney-General appeals, the sentence may be increased.

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The appeal will be heard  in August.

http://www.theage.com.au//breaking-news-national/badenclay-appeal-set-for-august-20150519-3w9w3.html

Former Queensland real estate agent Gerard Baden-Clay is due to appeal his conviction for murdering wife Allison in August.

A hearing has been set down for August 7 in Queensland's Court of Appeal.

The 44-year-old father-of-three is serving a life sentence after he was convicted last July of murdering his 43-year-old wife at their Brisbane home.

Appeal documents lodged two days after Baden-Clay's conviction outlined several grounds for challenge.

They include that the conviction was unreasonable, that there had been a miscarriage of justice and that the judge had made errors in his directions to jurors.

Allison Baden-Clay's body was found on a west Brisbane creek bank at Anstead on April 30 2012, 10 days after her husband reported her missing.

Baden-Clay, once a successful property agent, was charged with murder in June 2012.

Details of the pair's crumbling marriage, financial problems and Baden-Clay's multiple infidelities were aired at his Brisbane Supreme Court trial.

That seems debatable, considering he owed megabucks that he borrowed from a range of people in various attempts to keep the business alive.

[cherry*135]

once a successful property agent

Not around the time prior to Alison's murder that is for sure.

How unsettling and painful for the family ( daughters, Alison's parents and siblings) to have to go through that again.

[azureline**]

It's not likely they would be involved is it? Given the grounds for appeal it doesn't seem likely it will be successful.

[cherry*135]

No, not directly involved. But it will be covered in the press again. Depends if he is successful or not in his appeal - which would be a concern now for the family.. wondering if he will be successful or not.

The life insurance payout - is that on hold until after the appeal is heard?

[purple_haize]

No matter what, it will be unsettling for his children, Allison's parents and Alison's siblings...........my main concern is for those children who have lost their mother and their father.

[azureline**]

Well, the terms of his appeal have not been made public in their entirety yet have they? I wonder why it is in the news this early? August is 3 months away.

[purple_haize]

Newspapers like to hype their readers up, so putting this article in so early, they hope that occurs..........they do anything to get the readers attention.

[azureline**]

http://m.cqnews.com.au/news/appeal-d...-clay/2643647/

According to documents filed last year the grounds of the appeal include;

• The verdict of murder was unreasonable and a miscarriage of justice had occurred.
• The defence claimed the jury should have been, but was not, directed that the presence of the deceased's blood (Allison Baden-Clay) in a motor vehicle was only relevant if the jury was satisfied beyond reasonable doubt that the presence of blood was attributable to an injury sustained to the deceased's body on the evening of April 19, 2012 or the morning of April 20, 2012.
• Furthermore, the trial judge erred in law in not directing the jury that they needed to be satisfied beyond reasonable doubt that the appellant (Gerard Baden-Clay) placed the body of the deceased at Kholo Creek in order to use such a finding as post-offence conduct going to guilt.
• Lastly, the trial judge erred in leaving to the jury that the appellant attempted to disguise marks on his face by making razor cuts.

[purple_haize]

Well I dont know, guess they can come up with anything they see fitting, just so he can have an appeal.