Baden-Clay's quashed appeal could have 'massive impact'
The High Court's decision to restore Gerard Baden-Clay's murder conviction was extremely rare and may "massively" impact the way criminal trials are conducted in the future, according to the defence team.
Baden-Clay's conviction was downgraded to manslaughter in 2014 by the Queensland Court of Appeal, sparking outrage in the community.
The murder charge was quashed because the court found that the prosecution had failed to prove that Baden-Clay intended to kill his wife, Allison.
But this morning the High Court ruled that the Court of Appeal had "erred in concluding that that the jury's verdict of guilty of murder was unreasonable".
The High Court found that Baden-Clay's actions following the murder – including that he dumped his wife's body in a creek 13km from their home, lied about scratches on his face sustained during their fatal argument, and that Allison and his mistress were likely about to come face-to-face – could reasonably be interpreted by a jury to amount to intent to kill or cause grievous bodily harm.
Gerard Baden-Clay's lawyer, Peter Shields, believed the High Court's decision was influenced by his client giving evidence at his own murder trial, and that today's decision would have "massive" legal consequences.
"Smarter people than I will write very interesting articles about this decision because it really does fundamentally alter the position of the criminal law throughout the Commonwealth," he told reporters outside court in Brisbane.
A disappointed Shields said today's outcome could significantly influence the willingness of defendants to give evidence at criminal trials.
"It must affect every criminal trial throughout the Commonwealth," Shields said.
The decision vindicated those who have campaigned since the appeal was carried, including Allison's friend, Kerry Anne Walker, who made a powerful statement to the media shortly after the verdict was delivered.
"Four and a half years ago, three beautiful girls went to bed with a mother, and next morning awoke without one," Ms Walker said.
"He let them and the whole community worry and anguish about what had happened."
According to Bill Potts, the President of the Queensland Law Society, this is only the third time in the last decade that the High Court has been asked to review a verdict made by the court of appeal.
"Less than 5 per cent of cases that seek special leave to appear before the High Court are in fact granted that leave," Mr Potts told the ABC.
"This is quite a rare case. But the reason why the High Court heard it, was to settle the law across Australia."
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