The High Court decision has just been handed down and Gerard Baden-Clay’s murder conviction for the death of his wife, Allison, in 2012 has been reinstated.
You will recall that a jury had convicted Baden-Clay of murder in 2014. He repeatedly denied killing Allison and maintained that scratches on his face were caused by shaving.
In December 2015 the Court of Appeal downgraded the decision to manslaughter, after his lawyers argued it was possible Baden-Clay could have unintentionally killed his wife during an argument. They then suggested Baden-Clay covered up the death out of ‘panic’.
The decision of the High Court today means the Gerard Baden-Clay is now a convicted wife murderer and according to Queensland Law Society president Bill Potts the decision proves the “justice system works”.
The High Court says the Court of Appeal had “erred in concluding that the jury’s verdict of guilty of murder was unreasonable on the basis that the prosecution had failed to exclude the hypothesis that Gerard Baden-Clay unintentionally killed his wife”.
It held that the “hypothesis that the Court of Appeal had acted was not available on the evidence”.
Baden-Clay must now serve a jail sentence until 2029 before he can apply for parole.
“Justice for Allison has finally been served,” Allison Baden-Clay’s friend Kerry-Anne Walker said to waiting media in the front of the High Court building in Canberra.
It’s a case that has captured the attention of many and when Gerard Baden-Clay’s charges were downgraded from murder to manslaughter it prompted widespread public outrage.