Gerard Baden-Clay murder conviction set aside

[grandmoon]

Gerard Baden-Clay's murder conviction for the death of his wife Allison has been set aside on appeal.

A conviction of manslaughter has been substituted.

In a judgment delivered on Tuesday morning, Queensland Court of Appeal Justice Hugh Fraser found the one-time Brisbane real estate agent guilty of her manslaughter

Read more: http://www.brisbanetimes.com.au/queensland/gerard-badenclay-murder-conviction-set-aside-20151207-glh...

[azureline**]

Let's hope his sentence is only shortened, not time served.

http://www.sclqld.org.au/caselaw/QCA/2015/265

[fiestas*girl]

Hope for a shortened sentence, I hope someone necks him before he is eligible for parole

[azureline**]

well.............. maybe...

There is talk that he will only be in for 2 to 5 years now.

I hope he is not released pending sentencing?

[azureline**]

Stolen from WS, hope that's allowed, lol

QLD legislation,

where a person has been convicted of a violent offence and sentenced to 10 years imprisonment or more, a serious violent offender declaration (SVO) MUST be made.

This means that the offender must serve at least 80% of the head sentence before being eligible for release instead of the standard 50%.

An SVO can be made for sentences under 10 years, but given that there is no conclusive forensic evidence to suggest a cause of death, the court may be loathe to make such a declaration. To give you some context, if Gerard was sentenced to 9 years without an SVO declaration, he would be eligible for parole next year. If he was sentenced to 10 years then he would not be eligible until 2020.

That extra year effectively means an additional 3.5 years.

[amalan11]

What gets me is will he have to answer for the fact he did not report her death but left her to rot under a bridge their kids suffering . I think he has been incredibly lucky to get out of the murder wrap he is a prize creep wonder how his kids feel about it .

[silvernanny22]

How do we lodge a complaint against this decision?

Or is there no point in doing so?

Totally sux.

[silvernanny22]

There is something we can do !

Change.org. has a petition we can sign asking the Qld attorney general to amend this descision.

Please sign

[azureline**]

There is a rally on Friday in Brisbane

[azureline**]

http://www.mygc.com.au/queenslanders-urged-to-rally-for-allison/

As of yesterday, more than 71,000 people had signed a change.org petition urging Mr Dick to appeal the decision. An appeal is looking likely as Mr Dick has already applied for leave to appear before the High Court and has 22 days to formally lodge the appeal.

The rally will be held at 12.15pm Friday in the Brisbane CBD.