Read The Times Australia

Daily Bulletin

Baden-Clay murder appeal succeeds on doubt over intent, but domestic violence is still a deadly tragedy

  • Written by: The Conversation Contributor
imageGerard Baden-Clay's murder conviction for the death of his wife Allison has been set aside on appeal.AAP/Dan Peled

Queensland’s Court of Appeal on Tuesday ruled to downgrade Gerard Baden-Clay’s murder conviction for the April 2012 killing of his wife Allison to manslaughter. But at a time when Australia is engaging in a national conversation over the adequacy of legal responses to domestic violence, high-profile decisions that serve to lessen the culpability of men’s violence against women are undoubtedly concerning.

Background

The investigation into Allison Baden-Clay’s disappearance and death, and the trial and conviction of her husband, drew national attention to the lethal nature of violence against women in the context of an intimate relationship.

At trial, the prosecution argued that Gerard Baden-Clay killed his wife at their house and then dumped her body at Kholo Creek. However, he maintained his innocence.

The jury convicted him of murder. He was sentenced in July 2014 to life imprisonment with a minimum non-parole period of 15 years.

The appeal

In August 2015, Gerard Baden-Clay appealed the conviction for murder on several grounds relating to remarks made by the judge as part of summing up to the jury.

The Court of Appeal judgment affirms that the jury “properly” concluded that Gerard Baden-Clay killed his wife and “readily” concluded that he took her body to Kholo Creek and left it there.

To this effect, the appeal did not reconsider whether Baden-Clay was responsible for the killing of his wife.

Rather, the Court of Appeal decision centres on the question of intent and the interpretation of evidence of Baden-Clay’s post-offence conduct. The key question was: was it open to the jury to conclude that when Gerard Baden-Clay killed his wife, he intended to do so – or, at minimum, whether he intended to cause her grievous bodily harm?

A conviction for murder in Queensland requires at minimum an intention to cause grievous bodily harm.

The defence argued that the injuries to the victim’s body and scratches to Gerard Baden-Clay’s face were not indicative of an intention to kill, nor was evidence of “a clean-up” following her death. The defence also submitted that lies told by Gerard Baden-Clay after his wife’s disappearance and death might have been made “in panic”, and that the disposal of her body was indicative of guilt but not an intention to kill or premeditation.

Upholding the defence position, the judgment stated:

The post-offence conduct evidence nonetheless remained neutral on the issue of intent. To put it another way, there remained in this case a reasonable hypothesis consistent with innocence of murder: that there was a physical confrontation between the appellant and his wife in which he delivered a blow which killed her (for example, by the effects of a fall hitting her head against a hard surface) without intending to cause serious harm; and, in a state of panic and knowing that he had unlawfully killed her, he took her body to Kholo Creek in the hope that it would be washed away, while lying about the causes of the marks on his face which suggested conflict.

The Court of Appeal ruled that the murder conviction constituted an “unreasonable verdict”. That verdict has been set aside and substituted with a verdict of manslaughter.

What next?

The case will return to court in January 2016 when Gerard Baden-Clay will be sentenced for manslaughter. This offence carries a maximum term of life imprisonment, but on average attracts terms of imprisonment between six and ten years.

The forthcoming sentencing judgment for manslaughter must not reinforce problematic narratives that excuse men’s violence against women. The sentence imposed must reflect the unacceptability of domestic violence in any context.

Regardless of whether the criminal courts label the case as murder or manslaughter, the law’s response must affirm the rights of all women within domestic relationships. It is not disputed that there were “tensions” in the Baden-Clays’ marriage. Gerard Baden-Clay was experiencing financial difficulties and admitted to having had an extra-marital affair.

At the time of Allison Baden-Clay’s death, the couple were receiving counselling. Research has consistently found that periods of separation and marital conflict are the most dangerous for female victims of domestic violence.

While the motive for her death is known only to her killer, Allison Baden-Clay’s killing provides yet another example of the tragic consequences of domestic violence in Australia. In 2015, it has claimed on average the lives of two Australian women per week.

The case is an important reminder of the need for the current national conversation on domestic violence to translate into real solutions and improvements to better ensure the safety of Australian women.

Kate Fitz-Gibbon is the 2015 recipient of the Peter Mitchell Churchill Fellowship.

Authors: The Conversation Contributor

Read more http://theconversation.com/baden-clay-murder-appeal-succeeds-on-doubt-over-intent-but-domestic-violence-is-still-a-deadly-tragedy-51986

Business News

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why a Cordless Rebar Tying Machine Is a Smart Investment for Australian Construction Projects

Tying reinforcing steel by hand means spending hours bent over while making the same twisting moti...

How to Get a Document Notarised in Sydney: What to Bring, What It Costs and How Long It Takes

If an overseas bank, embassy, university, employer or land registry has asked you for a notarised ...

The 2026 Used-Car Market

For a few strange years, the used-car market rewrote its own rules. Supply shortages sent second-h...

Why CCTV Alone Is Not Enough for Modern Business Security

Cameras are usually the initial step that companies take to strengthen their physical security. If...

Why Every Workplace Should Take Emergency Preparedness Seriously

Emergency planning is one of those things many workplaces know they should think about, but it oft...

Why Clearer Communication Still Matters in a Digital-First Business

It’s never been easier for businesses to communicate, but that doesn’t mean they’re always communica...

What Happens After You Lodge a BYDA Enquiry? The Step Most Excavation Projects Miss

Every excavation project in Australia — from a backyard deck footing to a multi-storey commercial bu...

How to Choose the Right Dentist on the Gold Coast

Finding a dentist you trust is one of those decisions that quietly affects your health for years, ye...

The Hidden Engineering Problem Inside Australia's Older Housing Stock

A significant share of Australian homes were built for a way of living that no longer exists. Houses...