The aftermath of the verdict *MERGED*

Discussion in 'Allison Baden-Clay of Australia' started by Spotted Reptile, Jul 15, 2014.

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  1. Amee

    Amee Active Member

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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/
     


  2. Mrs G Norris

    Mrs G Norris Well-Known Member

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    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.
     
  3. Consider

    Consider New Member

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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.
     
  4. Amee

    Amee Active Member

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  5. BJsleuth

    BJsleuth New Member

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

    canarybird Member

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  7. Consider

    Consider New Member

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    Oh my

    Is there going to be a separate 'Appeal' thread now?
     
  8. Amee

    Amee Active Member

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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
     
  9. Fluffykins

    Fluffykins Well-Known Member

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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/
     
  10. Fuskier

    Fuskier Well-Known Member

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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”...
     
  11. amatteroftime

    amatteroftime New Member

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    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..
     
  12. Amee

    Amee Active Member

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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
     
  13. Mrs G Norris

    Mrs G Norris Well-Known Member

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    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?
     
  14. Amee

    Amee Active Member

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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
     
  15. Amee

    Amee Active Member

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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
     
  16. Greg

    Greg New Member

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

    Amee Active Member

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

    BJsleuth New Member

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

    Amee Active Member

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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
     
  20. Greg

    Greg New Member

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    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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