The Crown v Gerard Baden-Clay, 10th July - Trial Day 18

Discussion in 'Allison Baden-Clay of Australia' started by marlywings, Jun 3, 2014.

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  1. Amee

    Amee Active Member

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    Kate Kyriacou ‏@KateKyriacou 26s

    Judge says defence case is that the leaves could have washed into Allison's hair by the creek. #badenclay
     


  2. Freya1977

    Freya1977 Well-Known Member

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    Katrina Blowers ‏@katrinablowers 36s
    Judge: Defence submitted leaves found in Allison's hair meant she had to have been in moving body of water. #badenclay @7NewsBrisbane
     
  3. PrimeSuspect

    PrimeSuspect Under the Milky Way

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    David Murray ‏@TheMurrayD 46s
    Gerard's father was behind early call to insurance company, defence said - Justice Byrne




    :aktion1:
     
  4. Amee

    Amee Active Member

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    10:02am: The 18th day of the trial is about to begin in Court 11.

    The seven men and five women of the jury are expected to retire to consider their verdict after Justice John Byrne sums up the closing statements of the prosecution and defence counsels.

    Yesterday, Justice Byrne said the jury should first consider the charge of murder and then consider the lesser charge of manslaughter.

    Read more: http://www.brisbanetimes.com.au/que...y-18-week-5-20140710-3bnzp.html#ixzz371NW7Oo5
     
  5. madamehdivision

    madamehdivision Registered user

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    You know, I think the verdict will go down to the wire. It's entirely possible that no verdict will be reached here. That's my gut feeling.
     
  6. Amee

    Amee Active Member

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    10:32am Recap: Justice Byrne yesterday told the jury that to find Mr Baden-Clay guilty of murder they must be satisfied of two things - that he caused his wife's death and that he intended to at least cause her grievous harm.

    If found guilty of murder Baden-Clay faces at least 15 years' in jail without parole, while there is no fixed minimum non-parole period for manslaughter.

    10:30am: Yesterday ...

    Justice Byrne told the jury that it was up to them to decide if Mr Baden-Clay lied about the injuries which appeared on his face on the morning he reported his wife missing two years ago.

    Mr Baden-Clay has maintained the three abrasions on his right cheek were shaving cuts.

    But four forensic experts told the trial the injuries were more consistent with fingernail scratches.

    Justice Byrne warned jurors against reading too much into Mr Baden-Clay claims about the scratches, which prosecutors say are lies.

    "You will make up your own minds whether he made false statements to police and if so, if he did so deliberately," Justice Byrne said.

    "It would be wrong to approach the case on the basis that if the accused told lies then he must have killed his wife.

    "You cannot regard a lie as indicative of guilt."

    Whether Baden-Clay made false statements to police during the investigation and while under oath during the trial was also up to the jurors to decide, he added.

    Justice Byrne noted the forensic experts who examined the scratches could not rule out Mr Baden-Clay's claims entirely.

    10:17am: Court is in session.

    Justice Byrne has started summing up the closing address delivered by Gerard Baden-Clay's defence counsel Michael Byrne QC.

    "Mr Byrne submitted to that you would not be satisfied, beyond reasonable doubt, that the accused had killed his wife and that, therefore, you would find him not guilty," Justice Byrne said.

    "He also argued that the prosecution must prove that the deceased is dead, that the accused killed her, and that he did so intending to kill or to cause grievous bodily harm.

    "The first is not contentious. The second and third are."

    Read more: http://www.brisbanetimes.com.au/que...y-18-week-5-20140710-3bnzp.html#ixzz371NjLz7L
     
  7. PrimeSuspect

    PrimeSuspect Under the Milky Way

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    David Murray ‏@TheMurrayD 52s
    Defence suggested water movement in Kholo Creek could explain leaves in Allison's hair - Justice Byrne

    Defence said the accused had never attempted to conceal the marks on his face - Justice Byrne
     
  8. Freya1977

    Freya1977 Well-Known Member

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  9. Amee

    Amee Active Member

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    Kate Kyriacou ‏@KateKyriacou 29s

    Judge says defence case is Gerard never attempted to conceal marks on his face, told everyone who asked they were from shaving. #badenclay
     
  10. Amee

    Amee Active Member

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    Kate Kyriacou ‏@KateKyriacou 29s

    Judge says defence said none of the experts could be 100 per cent sure what caused the marks on Gerard's face. #badenclay
     
  11. PrimeSuspect

    PrimeSuspect Under the Milky Way

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    David Murray ‏@TheMurrayD 50s
    Defence said Gerard told everyone who asked the marks were from shaving in a rush with an old razor - Justice Byrne
     
  12. alioop

    alioop Verified Attorney (AU)

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    Someone asked a question about the sentence for manslaughter. Both murder and manslaughter have maximum of life imprisonment but murder of one person has a minimum of no parole of 20 years but 15 if GBC is convicted as the law changed after Allison was killed.
     
  13. PrimeSuspect

    PrimeSuspect Under the Milky Way

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    David Murray ‏@TheMurrayD 31s
    Defence said there were serious limitations on expert evidence - Justice Byrne


    Defence said experts couldn't 100 percent confirm the marks were from fingernails or exclude a shaving injury - Justice Byrne
     
  14. Freya1977

    Freya1977 Well-Known Member

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    The judge all but warned them off manslaughter yesterday. He said that there had been no evidence presented by either side to support a verdict of manslaughter and that the only reason he was telling them they had the option is because he was legally obliged to do so. Hearing the way he said it, if I were on the jury I'd be thinking it was not the way to go. But, I think if they have trouble agreeing then they may go for it.

    What's the sentencing likely to be if it was manslaughter, anyone know? And the interference with a corpse charge would still stick right?
     
  15. PrimeSuspect

    PrimeSuspect Under the Milky Way

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    David Murray ‏@TheMurrayD 58s
    Defence said even if they concluded the marks were not from a razor, didn't prove guilt - Justice Byrne
     
  16. Freya1977

    Freya1977 Well-Known Member

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    Katrina Blowers ‏@katrinablowers 3m
    Judge: the defence told court #badenclay never attempted to conceal marks on his face, even to police. @7NewsBrisbane

    Except for the bandaid and attempts to cut it more with a razor....
     
  17. Freya1977

    Freya1977 Well-Known Member

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    Leonie Mellor ‏@leoniemellor 1m

    Justice Byrne summarising b4 jury retires. @francenenorton @JoshBavas and I will have the latest TV, radio and online @abcnews #badenclay
     
  18. PrimeSuspect

    PrimeSuspect Under the Milky Way

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    David Murray ‏@TheMurrayD 41s
    Gerard is sitting up straight, looking towards Justice John Byrne as he sums up
     
  19. Amee

    Amee Active Member

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    10:32am Recap: Justice Byrne yesterday told the jury that to find Mr Baden-Clay guilty of murder they must be satisfied of two things - that he caused his wife's death and that he intended to at least cause her grievous harm.

    If found guilty of murder Baden-Clay faces at least 15 years' in jail without parole, while there is no fixed minimum non-parole period for manslaughter.

    Read more: http://www.brisbanetimes.com.au/que...y-18-week-5-20140710-3bnzp.html#ixzz371P3AcGb
     
  20. Freya1977

    Freya1977 Well-Known Member

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    Emmy Kubainski ‏@emmykubainski 40s
    Justice John Byrne going through defence closing address. Part of his summation before jury will go out. @7NewsBrisbane #badenclay


    Sarah Greenhalgh ‏@GreenhalghSarah 53s
    Judge reminds jury the defence submitted that the accused doesn't know what happened to his wife #badenclay @tennewsqld
     
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