Baden-Clay to appeal murder conviction

Gerard Baden-Clay has lodged an appeal after being found guilty of murdering wife Allison this week
Gerard Baden-Clay has lodged an appeal after being found guilty of murdering wife Allison this week

LAWYERS for Gerard Baden-Clay have lodged an appeal against his conviction for murdering his wife Allison.

The former real estate principal - who is now in the Wolston Correctional Centre serving a life sentence - was found guilty after a jury spent about 21 hours deliberating.

They delivered their verdict just before noon on Tuesday during the sixth week of the trial in Brisbane Supreme Court.

The Queensland Court of Appeal registry received the application about lunch time on Thursday.

According to documents filed by the defence to justify an appeal:

  • The verdict of murder was unreasonable.
  • A miscarriage of justice occurred because the jury should have been, but was not, directed that the presence of the deceased's blood in a motor vehicle was only relevant if the jury was satisfied beyond reasonable doubt that the presence of blood was attributable to an injury sustained to the deceased's body on the evening of 19 April 2012 or the morning of 20 April 2012.
  • The trial judge erred in law in not directing the jury that they needed to be satisfied beyond reasonable doubt that the appellant placed the body of the deceased at Kholo Creek in order to use such a finding as post-offence conduct going to guilt.
  • The trial judge erred in leaving to the jury that the appellant attempted to disguise marks on his face by making razor cuts.

Baden-Clay, 43, was crying and visibly shaken after the verdict was delivered, even asking guards for help because he had trouble breathing.

He has always maintained his innocence but Justice John Byrne, in sentencing him, said Baden-Clay was a liar whose conduct was shameful.

Justice Byrne said he suspected  Baden-Clay smothered his wife who left her mark on him - fingernail scratches on his cheek - as she tried to defend herself.

Baden-Clay has served 765 days in pre-sentence custody.

A life sentence in Queensland carried 15 years non-parole when he murdered his wife.

It has since been lifted to 20 years.

Allison's family will not make any comment about the case and have directed any inquiries to the Director of Public Prosecutions.

Media have been asked to refer to the trust fund account for Allison's three daughters.

The Late Allison Baden-Clay Children's Trust Fund
BSB: 084-737
Account Number:  94-308-4078



Examine Allison's journal entries below: best viewed in full-screen mode.

Topics:  baden-clay crime editors picks justice

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