The Case Of Gerard Baden-Clay

Gerard Baden-Clay appeared in the Brisbane Magistrates Court charged with murder about two months after reporting his wife, Allison Baden-Clay missing on April 20, 2012. His conviction was downgraded in December 2015 to manslaughter on the point that the jury’s decision could not be supported by the evidence presented at trial. Although manslaughter itself is a serious charge and the sentence of imprisonment is an extremely serious penalty, there are many public backlash and disturbance as a result of this.
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An appeal against conviction is available in cases where the accused has pleaded not guilty and has had a trial in either the Supreme or District Court. The Court of Appeal is a division of the Supreme Court and hears all appeals

The criminal code 1899 section 303, defines manslaughter as the unlawful killing of another under circumstances as not to constitute murder. It also includes the intentional killing of a person under extreme provocation or when a person’s state of mind impairs their capacity to understand or control their actions. The penalty for manslaughter is a maximum of life imprisonment (Austlii).
The Baden Clay case has caused an uproar in society ever since Alison Baden Clay was declared missing in 2012. In this case there are many stakeholders, including Alison’s family, friends and society. Alison’s death is extremely tragic and traumatising for these stakeholders. In this devastating case, three young girls have lost their mother who was a primary source of care and protection, parents have lost their daughter whom they spent years watching grow up and decades with and friends who have lost a dear

The public has reacted with incredulity that the court’s definition of behaviour showing “innocence of murder” could include the extended deception and dishonest conduct of this man, who has continued, day after day, month after month, year after year to conceal the truth about his wife’s death (Couriermail 2016). The success of Baden-Clay’s appeal in turn, influences others in similar situations of spouse homicide and not only allows but encourages this deceptive behaviour. This would surely be detrimental to all of Queensland society and create an unsafe culture by opening this type of opportunity for future homicides and killings if all it takes to win a spouse homicide case was to dispose of the body so that there is no recognisable signs of trauma and enough evidence to be convicted of