Discussion in 'Allison Baden-Clay General Discussion Threads' started by imamaze, Jun 13, 2012.
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Just reposting from previous thread:
I'm surprised Alison Sandy has just said on twitter that GBC is applying for bail in court today. My understanding is this isn't correct - this needs to be done next week in the supreme court. Wish they'd get their reporting right, especially at this important time in the case.
GBC appearing in Court at 9:00 am this morning (reported on Channel 9)
He has been charged with MURDER AND INTERFERING WITH A CORPSE!
That then may mean ,her hand was missing?
With the new information we now have, I think it would be reasonable to consider that Allison's murder was planned, and the earlier rumour that it was supposed to be carried out a month later makes sense.
Does anyone think its possible that Allison stumbled upon these plans, or something close to it, of a financial nature, and she was silenced and killed that very night? It would explain that although it was supposed to be premeditated, it was rather clumsy in the end. something happened that forced the hand of GBC and any other accomplices and they had to do it that night?
As for NBC sitting at the bus stop...his guilt rings out loud and clear, in my eyes anyway.
Even on the off chance that he was dragged into it afterwards and wasnt aware (which I dont believe especially after looking through ASIC yesterday, as it highlighted for me the importance this man places on money) then he still covered up and protected GBC for 8 long weeks of hell for his grandchildren. So did EBC. That is a shocking and disgraceful crime in my opinion, to say nothing at all.
I still wonder about the roundabout and the bins in particular
yes, it could be, or could it mean moving her? maybe the chain rumour has some substance, which brings me back to the car park at Kenmore.
It could just mean that the body was moved? I don't really know what it entails.
I was thinking maybe the relocation of Allison's body would justify this second charge, but from a quick look, this type of charge doesn't appear to include the disposal of a body. But it DOES include removal of body parts.
Actually, just read a bit more and it seems there could be justification for this charge in terms of the MANNER in which her body was handled after her death.
"CRIMES ACT 1914 - SECT 15AA
Bail not to be granted in certain cases
(1) Despite any other law of the Commonwealth, a bail authority must not grant bail to a person (the defendant ) charged with, or convicted of, an offence covered by subsection (2) unless the bail authority is satisfied that exceptional circumstances exist to justify bail.
(2) This subsection covers:
(a) a terrorism offence (other than an offence against section 102.8 of the Criminal Code ); and
(b) an offence against a law of the Commonwealth, if:
(i) a physical element of the offence is that the defendant engaged in conduct that caused the death of a person; and
(ii) the fault element for that physical element is that the defendant intentionally engaged in that conduct (whether or not the defendant intended to cause the death, or knew or was reckless as to whether the conduct would result in the death); and
(c) an offence against a provision of Division 80 or Division 91 of the Criminal Code , or against section 24AA of this Act, if:
(i) the death of a person is alleged to have been caused by conduct that is a physical element of the offence; or
(ii) conduct that is a physical element of the offence carried a substantial risk of causing the death of a person;
According to QLD Law for the charge of Improper Interference With A Corpse,
Sections 236 (b) of the Criminal Code Queensland states:
Any person who, without lawful justification or excuse, the proof of which lies with the person-
Improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not; is guilty of a misdemeanour.
I really hope that he DOESN'T get bail! I wonder if the COD will now be revealed (after his Court appearance.)
A question for any of our legal minds: When he appears in Court, are his lawyers then entitled to read/see all the evidence against him?
Possible defences to this offence include but are not limited to
1. Lawful excuse i.e. body donated to medical research, organ transplant or the victim of a crime
3. Identification i.e. not the accused
4. That the body was not dead
Wouldn't simply disposing of the body mean 'interfering with a corpse'?
I believe it means that she was NOT murdered at the place she was found but rather murdered elsewhere and dumped (for want of a better term). Hence "interfering with a corpse".
Alyshia Gates ‏@alyshiagates
Gerard Baden-Clay facing second charge, interfering with a corpse @9NewsBrisbane
Interfering with a corpse is touching it in any way....which includes moving it....
He may have hit her, and she fell and he was angry so he left her where she fell, then walked off. When he returned, he knew she was dead, and just touching her is enough to be charged with interference....according to what I was taught.
basically, your not allowed to touch a dead body....
PS....UNLESS YOU HAVE LAWFUL REASON TO TOUCH IT...i.e your a doctor, or something
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