Agreed Scrounger.
Paragraph 42 of the judgement worries me though as discusses proving motive and mentions the financial stress he was under. If there is motive then that can be applied to show murder.
Paragraph 42 says in parts:
"It is important to note that the Crown did not at trial contend that the killing of Mrs Baden-Clay was in any way premeditated or that the appellant might have been motivated by some benefit he stood to gain from his wifes death. ^5"
and footnote ^5 says this:
"Although there was evidence of an insurance policy on Mrs Baden-Clays life, the Crown at trial disavowed any suggestion that the appellant had killed her in order to benefit from it."
and
"It was not, of course, incumbent on the Crown to establish a motive, but to do so might have assisted in proving an intent to kill or do grievous bodily harm."
To me the Crown did not pursue strongly enough the old chestnut of murdering for money and to start a new life with his lover. The policy was worth a reported 800k which would have got him out of trouble by his level of debt. I sense a missed opportunity here by the crown to put him away for life and this has been implicitly noted by the judge.
Jon
Paragraph 42 of the judgement worries me though as discusses proving motive and mentions the financial stress he was under. If there is motive then that can be applied to show murder.
Paragraph 42 says in parts:
"It is important to note that the Crown did not at trial contend that the killing of Mrs Baden-Clay was in any way premeditated or that the appellant might have been motivated by some benefit he stood to gain from his wifes death. ^5"
and footnote ^5 says this:
"Although there was evidence of an insurance policy on Mrs Baden-Clays life, the Crown at trial disavowed any suggestion that the appellant had killed her in order to benefit from it."
and
"It was not, of course, incumbent on the Crown to establish a motive, but to do so might have assisted in proving an intent to kill or do grievous bodily harm."
To me the Crown did not pursue strongly enough the old chestnut of murdering for money and to start a new life with his lover. The policy was worth a reported 800k which would have got him out of trouble by his level of debt. I sense a missed opportunity here by the crown to put him away for life and this has been implicitly noted by the judge.
Jon
