Tag Archives: conviction

Rally planned against downgrade of Gerard Baden-Clay’s murder conviction

Posted December 14, 2015 10:48:45

Household and friends of Allison Baden-Clay are planning a rally on Friday to protest against the downgrading of her husband Gerard’s murder conviction to manslaughter.

The rally will be held in Brisbane’s CBD and a website and Facebook web page have been produced ahead of the occasion, with nearly 9,000 currently following the later.

“We require women, men and kids to show that domestic violence have to cease,” the site reads.

“We require to let our political leaders know the social and legal structures made to help and safeguard against domestic violence are not working.”

Gerard Baden-Clay was convicted by jury in 2014 of murdering Allison at their family members home in Brookfield, in Brisbane’s west, in 2012.

The Court of Appeal last week set aside the murder conviction, replacing it with manslaughter, saying there was not sufficient proof to prove the former true estate agent had intentionally killed Allison.

During the appeal his lawyers argued it was achievable he could have unintentionally killed his wife throughout an argument at their residence in Brookfield, in Brisbane’s west.

His lawyers then recommended a hypothesis that he covered up the death out of “panic”.

But throughout the 2014 trial, Baden-Clay denied killing Allison and mentioned scratches on his face have been caused by shaving rather than a struggle.

A lot more than 73,000 individuals have already signed a petition which calls on Queensland’s Acting Attorney-Common Cameron Dick to appeal the downgrading.

He has sought legal tips on regardless of whether an appeal could be productive.

A lot more on this story:

Topics: murder-and-manslaughter, law-crime-and-justice, activism-and-lobbying, brookfield-4069, qld

Agen Sabung Ayam

Pistorius’ manslaughter conviction could be upgraded to murder this week

Posted December 02, 2015 01:42:51

Oscar Pistorius could return to jail on Thursday if South Africa’s Supreme Court of Appeal scales up the track star’s conviction for killing his girlfriend Reeva Steenkamp from manslaughter to murder.

Important points

  • Oscar Pistorius’ charge of manslaughter could be upgraded to murder on Thursday
  • Track star could return to jail if state’s appeal is effective
  • State argued that the presiding judge misinterpreted some components of the law

The Paralympic gold medallist was released on parole in October following serving a fifth of his five-year prison term for the “culpable homicide” of Steenkamp, whom he killed by firing four shots by way of a locked toilet door on Valentine’s Day 2013.

Prosecutors stated Pistorius, 29, need to be convicted of murder and sent back to jail simply because he knew the individual behind the door could be killed when he fired.

A murder conviction would result in a minimum sentence of 15 years in prison.

“The judgment will be delivered at 9:45am (6:45pm AEDT) on three December 2015 at the Supreme Court of Appeal,” the court said in a statement.

Pistorius, whose decrease legs had been amputated when he was a infant, denied for the duration of his six-month trial that he deliberately killed Steenkamp, saying he mistook her for an intruder at his home.

Higher Court Judge Thokozile Masipa ruled final year that the state had failed to prove Pistorius had shown “intent” or “dolus eventualis”, a legal notion that centres on a individual becoming held accountable for the foreseeable consequences of their actions.

The state argued at the appeal that Judge Masipa misinterpreted some parts of the law, such as “dolus eventualis”.

If the court of appeal overturns Judge Masipa’s verdict, she will be responsible for passing a new sentence on Pistorius, according to legal experts.

Reuters

Subjects: courts-and-trials, law-crime-and-justice, murder-and-manslaughter, south-africa

Agen Sabung Ayam