Queensland man Gerard Baden-Clay’s murder conviction for killing his wife Allison has been downgraded to manslaughter.
Baden Clay’s appeal was heard by Justice Hugh Fraser in Queensland’s Court of Appeal this morning.
Justice Fraser set aside the murder finding, saying that while Baden-Clay had tried to hide his wife’s body and lied to police about the cause of marks on his face, it was “possible” that he did not mean to kill Allison.
In his ruling, Fraser found that there could have been “a physical confrontation between (Gerard) and his wife in which he delivered a blow which killed her (for example, by the effects of a fall hitting her head against a hard surface) without intending to cause serious harm; and in a state of panic and knowing that he had unlawfully killed her, he took her body to Kholo Creek in the hope that it would be washed away, while lying about the causes of the marks on his face which suggested conflict.”
Baden-Clay reported Allison missing in April 2012. Her body was found next to a creek 10 days later.
He was convicted of her murder last year and sentenced to life with a non-parole period of 15 years.
Allison’s family was in court this morning and has since released a statement reading: “[The family] await the legal process to play out in the hope that justice for Allison will be served. As always, the efforts of the family remain centred around the wellbeing of Allison’s daughters, who now face a further period of uncertainty.”
