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Baden-Clay

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Published under Major Cases, News

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January 4, 2016

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The Prosecution of Gerard Baden-Clay was one of the biggest trials that the Queensland Criminal Courts have seen. Baden-Clay was said to have murdered his wife and dumped her body under a road bridge. The Prosecution’s explanation for why he had done so related to him being involved in an extra marital affair and suffering severe financial stress. At trial, a jury accepted beyond a reasonable doubt that Mr Baden-Clay had intentionally killed his wife. He was sentenced to life imprisonment. In a move that has surprised many, the Supreme Court […]


Intent, Proof and Gerard Baden-Clay

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Published under Major Cases, News, Offences

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December 11, 2015

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The Queensland press is in a frenzy following the Court of Appeal’s decision to set aside Gerard Baden-Clay’s conviction for the murder of his wife Alison, and to substitute it for a conviction of the lesser offence of manslaughter. As is unfortunately typical of news outlets in this state where decisions of the Courts are concerned, an understanding of the law and a more than superficial recognition of the reasons for the decision is sorely lacking in the coverage.  The lack of accurate reporting has led to an understandable sense of […]


Gay Panic Defence

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July 27, 2015

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A recent press release by the Law Society of South Australia has raised significant controversy about what is commonly called the "gay panic" defence. This so-called defence is a principle of law that regards a non-violent sexual advance upon someone to potentially be a matter of provocation. We see it most commonly in cases where a Defendant allegedly lost his temper and killed another person after the victim made a homosexual advance towards them. The Courts have generally considered such a non-violent approach to be a form of conduct that could […]


One Punch Laws

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Published under Law Reform, Major Cases, News

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November 14, 2013

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This week saw the announcement by the Attorney General of NSW of a “one punch” law. The law is designed to make it easier for the prosecution to secure a conviction in matters like the Thomas Kelly killing and manifest an intention to impose a severe penalty for those found guilty. But is the law required? Let us remember Loveridge pleaded guilty to the manslaughter of Mr. Kelly and manslaughter carries a maximum penalty of 25 years jail whereas this new law has a maximum of 20 years The reality is […]

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