The Queen v. Baden-Clay

Lower Court Judgment

8/12/2015 Supreme Court of Queensland (Court of Appeal) (Holmes CJ, Fraser JA, Gotterson JA)

[2015] QCA 265

Catchwords

Criminal law – Where the respondent was convicted at trial of murdering his wife – Where the Court of Appeal set aside verdict of murder and substituted a verdict of manslaughter – Whether Court of Appeal decision is inconsistent with R v Ciantar (2006) 16 VR 26 – Whether the evidence raised an inference that the respondent killed his wife with intent to do her grievous bodily harm or to kill her – Whether evidence was capable of establishing motive relevant to the intention to kill.

Short Particulars