Judge waits to re-sentence Baden-Clay
Wife-killer Gerard Baden-Clay will no longer be re-sentenced early this year after prosecutors succeeding in having the hearing postponed pending a High Court challenge.
Chief Justice Catherine Holmes agreed with Director of Public Prosecutions Michael Byrne that sentencing the 45-year-old for manslaughter could be pointless if a High Court appeal succeeds.
It comes after a Supreme Court jury in July, 2014 found the former Brisbane real estate agent guilty of murdering his wife Allison in April, 2012.
But that conviction was set aside in the Court of Appeal last month and replaced with manslaughter.
Queensland attorney-general Yvette D'Ath this week announced Mr Byrne was applying for special leave to appeal the downgraded conviction in the High Court.
At a Court of Appeal hearing in Brisbane on Friday, Justice Holmes said issuing a new sentence for manslaughter could be a waste of time.
However she rejected Mr Byrne's argument the case should be treated differently due to the "extreme" level of public commentary.
"There's a fair bit of it already - some informed, some staggeringly ill-informed - but it's there and no doubt will continue," Justice Holmes said.
The Court of Appeal decision to set aside his murder conviction sparked considerable public ire in December, including rallies in the Brisbane CBD.
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