The aftermath of the verdict *MERGED*

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Amee

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Lawyers for Baden-Clay will be poring over five weeks of transcripts to decide whether they have grounds to appeal his murder conviction.

Baden-Clay, 43, cannot appeal his sentence because murder carries mandatory life imprisonment.

Mr Field said the ultimate question for the appeal court would be whether there had been a miscarriage of justice.

He said Baden-Clay's lawyers could argue the verdict was contrary to the evidence or that the trial judge misdirected the jury.

Mr Field said he doubted either of those would be successful, but the jury's questions about manslaughter and circumstantial evidence could help the lawyers form their arguments.

http://www.themorningbulletin.com.au/news/law-juror-forbidden-appeals/2321112/
 

Mrs G Norris

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Lawyers for Gerard Baden-Clay file appeal against conviction for murder of wife Allison

LAWYERS for Gerard Baden-Clay have filed an appeal against his conviction for murder.
A jury found Baden-Clay, 43, guilty of his wife Allison’s murder on Tuesday following a six-week trial at the Supreme Court in Brisbane.
Justice John Byrne sentenced him to life in jail.
An application appealing the sentence was filed at the Queensland Court of Appeal registry shortly before midday.
Baden-Clay is represented by barrister Michael Byrne QC and Peter Shields.

http://www.news.com.au/national/law...-of-wife-allison/story-e6frfkp9-1226992075173

Look:

An application appealing the sentence was filed at the Queensland Court of Appeal registry shortly before midday.

Maybe they're conceding defeat on the conviction there, or know with the same evidence the court has there is no point ..

ETA: Oh I see they're appealing both conviction AND sentence .. good luck with that.
 

Consider

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BigT

I'm 3:20hrs behind but that the TM interview could fund GBC appeal is up in the 10 most shocking and unjust consequences of GBC being born and his contribution to society.

Let's hope the timing of TM's interview and perhaps her visitation or contact with GBC and the defence can be linked to such a PLAN.
 

BJsleuth

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Interesting interview on 2GB with investigative journalist Hedley Thomas who personally knew GBC well and lived nearby. Among other revelations, he visited GBC at Bayden-Clay seniors' home while Allison was missing. http://www.2gb.com/audioplayer/53311#.U8crRvmSySo

With new threads here, I can’t be sure if this has been posted previously: apologies if so.

WTF? "He was growing the beard as a protest until "Mummy" came home!"? Whaaaaat?
 

Amee

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David Murray ‏@TheMurrayD 59s

'The verdict of murder was unreasonable' - defence appeal #badenclay


'A miscarriage of justice occurred' - defence appeal #badenclay
 

Fluffykins

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Marissa Calligeros ‏@marissa_sc 4m

Lawyers for Gerard #badenclay have lodged an appeal against his murder conviction in the Supreme Court @brisbanetimes

Pfft! It won't succeed and it's just wasting taxpayer money.

It sounds as theough they'll try to argue the jury had a forbidden item:

A CRIMINAL law expert says there have been successful Queensland appeals based on jurors taking forbidden items into the deliberation room - as one did in the Gerard Baden-Clay murder trial.

But David Field, an associate professor of law at Bond University, said he doubted such an appeal would be successful in the Baden-Clay case.

http://www.qt.com.au/news/law-juror-forbidden-appeals/2321112/
 

Fuskier

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http://www.news.com.au/national/ger...ches-on-his-face/story-e6frfkp9-1226991539155

Gerard Baden-Clay tried to stop jury hearing from experts about scratches on his face
13 HOURS AGO JULY 17, 2014 12:00AM

"Following Baden-Clay’s conviction for the murder of his wife Allison, it can now be revealed his defence lawyers argued in a pre-trial hearing that jurors
could assess the injuries on their own without the assistance of experts.
Justice Peter Applegarth rejected the bid, allowing the experts to testify they did not believe Baden-Clay’s scratches were from shaving".
However, pathologist Nathan Milne was barred from saying a possible chest haemorrhage found on Allison’s body could have been “from an assault”.
The prosecution was also barred from leading evidence that granular brown material found on Allison’s brain “may possibly represent a subdural haemorrhage”...
 

amatteroftime

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Lawyers for Gerard Baden-Clay file appeal against conviction for murder of wife Allison

LAWYERS for Gerard Baden-Clay have filed an appeal against his conviction for murder.
A jury found Baden-Clay, 43, guilty of his wife Allison’s murder on Tuesday following a six-week trial at the Supreme Court in Brisbane.
Justice John Byrne sentenced him to life in jail.
An application appealing the sentence was filed at the Queensland Court of Appeal registry shortly before midday.
Baden-Clay is represented by barrister Michael Byrne QC and Peter Shields.

http://www.news.com.au/national/law...-of-wife-allison/story-e6frfkp9-1226992075173

So the self righteous grub is going to go on with his deceit for as long as he possibly can, if his family continue to stand by him after all this, then I hope their lives are as miserable as his and I hope the government make them sell their belongings to pay for his legal aid. Spineless weasel of a man, I feel sorry for Toni McHugh's Ex Husband as well, seeing he has had his and his children's lives upended because of this man as well...Loads of innocent victims in GBC's wake....I bet when they ask Toni McHugh if she thinks he killed Allison she will either say "no" or " I dont know", I doubt very much she will admit to the monster he is seeing it will show what a fool she was to leave her family for him.

I am really p&ssed off with this appeal, I need to get off this case for a while, I feel I have been reading about scum for years and finally after he has been convicted, he has to continue with his lies, deceit and arrogance to appeal.

Family of grubs, I would swap all the GBC's who support him for Allison under that bridge any day of he week..

Im going to TO myself for a while now..
 

Amee

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Kate Kyriacou ‏@KateKyriacou 39s

Grounds of appeal: 1. The verdict of murder was unreasonable. #badenclay

Grounds of appeal filed by defence: 1. The verdict of murder was unreasonable. #badenclay
 

Mrs G Norris

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Pfft! It won't succeed and it's just wasting taxpayer money.

It sounds as theough they'll try to argue the jury had a forbidden item:



http://www.qt.com.au/news/law-juror-forbidden-appeals/2321112/

That would be the 'how to deliberate' form one of them took in .. yep we knew it .. see ya in court etc.

Question: wouldn't an interview with T be like prejudicial now or something what about all the other stuff that's popped up in the media .. will we all have to stop talking about him again?
 

Amee

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David Murray ‏@TheMurrayD 2m

Defence: Judge erred in law by not directing the jury they needed to be satisfied beyond reasonable doubt Gerard placed the body...

...at Kholo Creek bridge 'in order to use such a finding as post-offence conduct going to guilt' - appeal #badenclay

Defence appeal: judge erred in leaving to the jury that Gerard attempted to disguise marks with razor cuts #badenclay

Only four paragraphs in the defence appeal filed today #badenclay @couriermail
 

Amee

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Kate Kyriacou ‏@KateKyriacou 1m

Second point of appeal by defence is long, so I'll break it up into a few tweets. #badenclay

A miscarriage of justice occurred because the jury should have been, but was not, directed that the presence of the deceased's #badenclay

...blood in a motor vehicle was only relevant if the jury was satisfied beyond reasonable doubt that the presence of blood was #badenclay

...attributable to an injury sustained to the deceased's body on the evening of 19 April 2012 or the morning of 20 April 2012. #badenclay
 

Greg

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My take on this is, if GBC were to direct or request that TM were to be payed for the interview, then that would make her payment a "proceed" and it could be confiscated.

The meaning of a proceed is:
Proceeds, in relation to an activity, includes property and another benefit derived because of the activity—

(a) by the person who engaged in the activity; or
(b) by another person at the direction or request, directly or indirectly, of the person who engaged in the activity.

The payment for interview is derived because of the activity (ie the interview is valuable only because of the murder)

The only thing standing between an application to have the payment seized is the evidence to support an application to seize. It is a civil matter as I understand it, QPS or anyone can make the application, and I would love to see the payment redirected to the trust for the girls.

Someone needs to sleuth out the evidence that GBC has a knowledge of the pay for interview, and all he would have said is that she should be payed for it, a recording of the phone call from AGCC where he discussed the interview with TM would do it.

There is no way he didn't know it was being done, who is to say she has not done it to fund his appeal??

Yes there needs to be full disclosure about who has funded his defence and who is potentially funding his appeal
 

Amee

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Third point of appeal will also be broken up into several tweets. #badenclay
 

BJsleuth

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Grrrr! 99% of convicted murderers protest their innocence. I hope the appeal is unsuccessful.
 

Amee

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Kate Kyriacou ‏@KateKyriacou 49s

The trial judge erred in law in not directing the jury that they needed to be satisfied beyond reasonable doubt that the... #badenclay

appellant placed the body of the deceased at Kholo Creek in order to use such a finding as post-offence conduct going to guilt.#badenclay

4. The trial judge erred in leaving to the jury that the appellant attempted to disguise marks on his face by making razor cuts. #badenclay
 

Greg

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Wow thank you for posting this link catswhiskers I am really shocked it just shows we have never been wrong over the last 2 years 3 months about GBC or the BC's it is truly unbelievable how they have behaved!

That girl from missing persons needs to name the person that she spoke to in the BC family who advised that no help was required!!!!
 
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