Baden-Clay conviction

[SCROUNGER]

Is it any wonder people become cynical with the justice system?
The 'brave' wife killer Bayden-Clay has just had his murder conviction downgraded to manslaughter because the appeal court found that even though this coward lied about the scratch marks on his face and hid his wife's body to avoid detection, there was a possibility that he was innocent of the act of 'murder'.
Give me a break, the ******* wasn't even man enough to own up that he had killed her and plead for mercy, he actually lied and then disposed of his wifes body.
If you're involved in a hit and run (accident) and you leave the scene of a crime you should get a harsher penalty than doing the right thing and taking the consequences. Not so it seems with killing your wife because you were arguing and then disposed of the body. This bloke was actually only given 15 years for the original conviction to start with!
Sometimes, the law really is an ass imo.

 

[Ramjet]

It is astounding some of the decisions that are made. If it walks like a duck and quacks like a duck.......

 

[user 5415]

Not the law Scrounger, it's the system, the lawyers, magistrates and judges, got to feel for the family, no justice at all, we can only hope the AG appeals this.

 

[Mickkat12]

Not the law Scrounger, it's the system, the lawyers, magistrates and judges, got to feel for the family, no justice at all, we can only hope the AG appeals this.

The whole thing is bent

 

[SCROUNGER]

Yep, there's got to be some culpability for lying and disposing of her body surely.
I mean, what about the poor kids of this coward and the wifes parents. If he put up a good case that he 'lost it' (originally) and killed her in an act of rage or whatever so be it, at least he would be 'manning up', but then to coldly go about and get rid of the body to make it seem like she just disappeared or whatever (knowing his kids and the wifes family would be going out of their minds) raises it to a clear act of intent to avoid taking responsibility imo, just like leaving the scene of a crime etc, and in my view it deserves a far harsher sentance.

 

[user 5415]

Yeah, pathetic is the word, beat, rape or kill a woman and get a slap on the wrist, no sentence at all, but if you commit a white collar crime by taking from the rich the sentence will be on average longer than that of a serial rapist with a long history of violence against women.
Hows that work?

 

[Bazz]

A true case of the judges etc being out of touch with society.............

Like the yanks !!!! how many times do gun massacres need to be had before they realise that there is a problem......

How many stupid out of touch decisions need to be made here, before we take action to change it???

 

[Redfin]

Unfortunately the prosecution failed to prove Mens Rea {criminal liability}.
For a murder charge to succeed you must prove criminal intent and malice aforthought {Mens Rea}
Unless you get admissions it can be very hard to prove, most times "similar Acts" are used if present.

I hope he gets the maximum and cops his lot in the big house.

 

[Bazz]

he killed his wife, dumped her body, how criminally liable do you need to get!!!!

My daughter has a law degree and believe me we have argued some of these things to death, however!

 

[Ramjet]

A true case of the judges etc being out of touch with society.............

Like the yanks !!!! how many times do gun massacres need to be had before they realise that there is a problem......

How many stupid out of touch decisions need to be made here, before we take action to change it???

I see Trump wants to ban all Muslims. I'd like to see that.... then the mass killing continue so what's the next move?

 

[SCROUNGER]

Unfortunately the prosecution failed to prove Mens Rea {criminal liability}.
For a murder charge to succeed you must prove criminal intent and malice aforthought {Mens Rea}
Unless you get admissions it can be very hard to prove, most times "similar Acts" are used if present.

I hope he gets the maximum and cops his lot in the big house.

I don't have an issue with the bloke beating the 'murder' conviction so much if errors have been made, i'm more concerned that he will just be sentenced with manslaughter and the fact that he lied and disposed of the body (which takes intent to deceive and hide a criminal act) won't be taken into account when it comes to him getting time. He was only sentenced to 15 years for the original murder conviction so that doesn't bode well for the prick getting a sentence that reflects the crime imo.

 

[Bazz]

A true case of the judges etc being out of touch with society.............

Like the yanks !!!! how many times do gun massacres need to be had before they realise that there is a problem......

How many stupid out of touch decisions need to be made here, before we take action to change it???

I see Trump wants to ban all Muslims. I'd like to see that.... then the mass killing continue so what's the next move?

Good point RJ

If it were inoffensive little green Martians instead of Muslims the yanks would still blame the little green guys instead of their f@&#ked up gun crazy 2nd amendment (I think)

I think it's actually a sickness in the US cause no one pulls out a gun to protect themselves when this crap happens

 

[SCROUNGER]

A true case of the judges etc being out of touch with society.............

Like the yanks !!!! how many times do gun massacres need to be had before they realise that there is a problem......

How many stupid out of touch decisions need to be made here, before we take action to change it???

I see Trump wants to ban all Muslims. I'd like to see that.... then the mass killing continue so what's the next move?

I was actually speaking with intelligent locals in Hawaii the other week and they were happily saying they supported Trump as the best candidate so that's a worry. I have no idea how you 'ban' a Muslim from being a Muslim? Shades of Hitler and the 'jewish solution' perhaps. The blokes a cretin and has no clothes imo. He would do more to harm to that country than a few radicals could ever do imo.

 

[SCROUNGER]

A true case of the judges etc being out of touch with society.............

Like the yanks !!!! how many times do gun massacres need to be had before they realise that there is a problem......

How many stupid out of touch decisions need to be made here, before we take action to change it???

I see Trump wants to ban all Muslims. I'd like to see that.... then the mass killing continue so what's the next move?

Good point RJ

If it were inoffensive little green Martians instead of Muslims the yanks would still blame the little green guys instead of their f@&#ked up gun crazy 2nd amendment (I think)

I think it's actually a sickness in the US cause no one pulls out a gun to protect themselves when this crap happens

Yep, i've been a hunter and owned lots of guns in my time, and believe in responsible gun ownership as a right, but i'm yet to see the 'game' animal that requires a fully automatic AK47 or assault rifle etc to drop it. They are their own worst enemies when it comes to the right to bear arms over there, and the innocent keep getting slaughtered without so much as a beep from the pollies that are beholding to the powerful gun lobby for their seats.

 

[Bazz]

A true case of the judges etc being out of touch with society.............

Like the yanks !!!! how many times do gun massacres need to be had before they realise that there is a problem......

How many stupid out of touch decisions need to be made here, before we take action to change it???

I see Trump wants to ban all Muslims. I'd like to see that.... then the mass killing continue so what's the next move?

I was actually speaking with intelligent locals in Hawaii the other week and they were happily saying they supported Trump as the best candidate so that's a worry. I have no idea how you 'ban' a Muslim from being a Muslim? Shades of Hitler and the 'jewish solution' perhaps. The blokes a cretin and has no clothes imo. He would do more to harm to that country than a few radicals could ever do imo.

You know it's funny how Obama was more popular overseas that he was at home. I have a cousin who tells me that he was not a popular president at home....go figure!!

I can't make up my mind on Trump, he'd probably have a landslide victory if he kept his mouth shut and stuck to what he does best......make money!!

The rest is a crap shoot 8.(

 

[Mickkat12]

Yep, there's got to be some culpability for lying and disposing of her body surely.
I mean, what about the poor kids of this coward and the wifes parents. If he put up a good case that he 'lost it' (originally) and killed her in an act of rage or whatever so be it, at least he would be 'manning up', but then to coldly go about and get rid of the body to make it seem like she just disappeared or whatever (knowing his kids and the wifes family would be going out of their minds) raises it to a clear act of intent to avoid taking responsibility imo, just like leaving the scene of a crime etc, and in my view it deserves a far harsher sentance.

Premeditation 101
The hiding of the body, the lies , these aren't spontaneous acts should be getting more time not deductions , go figure

( the joys of being born circa 1980s)

I've had some dealings with the finer side of life , the ones that are too rich and made a up & coming out spoken person disappear , think Griffith , these crews still exist are rich as hell and have police in the system that support them

These crimes of passion are publicised to re install faith in the morally bent system, while others frolic that is all , media pics and chooses , what it hams up for the masses to eat

 

[blisters]

The reason it was downgraded was there was more than one plausible argument as to how Allison died but no evidence to make a determination either way. He is still found to have killed her but the circumstances surrounding her death are not clear. For instance, she could have died while attacking him and a returned blow accidently killed her. Then he just got scared and dumped her body and made up a story about the scratches on his face. As awful as that is it that scenario doesn't mean there was intent to murder and the conviction shouldn't stand with no evidence to support it when another plausible scenario exists. There was no evidence as to how she died such as broken bones, choking etc., just that it was by his hand.

I have no doubt that it was him and his avoidance at admitting the truth causing more hurt for the family shows him for what he is. The sentencing hopefully will take into account his avoidance at addressing what happened and the dumping of Allison's body.

Here's the judgement:

http://archive.sclqld.org.au/qjudgment/2015/QCA15-265.pdf

Jon

 

[Ramjet]

Nice summary blisters. Thanks

 

[SCROUNGER]

Well, i suppose we shall see what the sentence is, but as i said if the prick got 15 years for murder it doesn't bode well for an appropriate sentence for somebody who killed their wife and then lied (not just initially because he was afraid) and then dumped her body like a piece of waste.

 

[Redfin]

Well said Blisters,
Unfortunately disposing of the body etc were post offence, and could not be taken into consideration into criminal intent, prior.