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R v Baden-Clay[2015] QCA 265

CITATION: R v Baden-Clay [2015] QCA 265
JUDGE(S): Holmes CJ, Fraser JA, Gotterson JA
DELIVERED ON: 08 December 2015
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Editorial Notes

  • Published Case Name:

    R v Baden-Clay

  • Shortened Case Name:

    R v Baden-Clay

  • MNC:

    [2015] QCA 265

  • Court:

    QCA

  • Judge(s):

    Holmes CJ, Fraser JA, Gotterson JA

  • Date:

    08 Dec 2015

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2013] QMC 620 Mar 2013Application by various media organisations for access to certain photographic exhibits granted in respect of those upon which witnesses were questioned in the course of committal proceedings: Butler CM.
Primary Judgment[2013] QSC 351 [2013] QSCPR 419 Dec 2013Pre-trial ruling that accused and deceased’s family counsellor compellable to give evidence at pre-trial hearing. Section 10E of the Family Law Act 1975 (Cth) does not govern admissibility of evidence in criminal proceedings; if public interest privilege exists, balance favoured counsellor being compellable: Douglas J.
Primary Judgment[2014] QSC 15628 Feb 2014Application for exclusion of certain evidence of forensic pathologist as to cause of death granted in part; application for exclusion of expert evidence as to scratch marks on accused’s face refused: Applegarth J.
Primary Judgment[2014] QSC 15409 Jul 2014Trial judge's summing up to jury: Byrne SJA.
Primary JudgmentSC467/13 (No citation)15 Jul 2014Date of conviction of murder.
Primary Judgment[2014] QSC 15515 Jul 2014Date of sentence of life imprisonment: Byrne SJA.
QCA Interlocutory Judgment[2016] QCA 108 Jan 2016Submissions as to sentence to be filed and served if and after High Court dismisses Crown’s appeal against [2015] QCA 265: Holmes CJ.
Appeal Determined (QCA)[2015] QCA 26508 Dec 2015Appeal against conviction allowed; conviction quashed; verdict of guilty of manslaughter substituted; parties to file and serve submissions as to sentence. The jury's verdict was unreasonable; the Crown could not exclude the reasonable hypothesis consistent with innocence of murder that, in the course of a physical altercation, the appellant had unintentionally killed the deceased: Holmes CJ, Fraser and Gotterson JJA.
Special Leave Granted (HCA)[2016] HCATrans 11012 May 2016Application by Crown for special leave to appeal against [2015] QCA 265 granted: Bell and Gageler JJ.
HCA Transcript[2016] HCATrans 16626 Jul 2016Appeal heard and decision reserved: French CJ, Kiefel, Bell, Keane and Gordon JJ.
HCA Judgment[2016] HCA 35; (2016) 258 CLR 30831 Aug 2016Crown’s appeal allowed; verdict of guilty of murder restored. The jury’s verdict was not unreasonable; the hypothesis identified by the Court of Appeal did not arise on the evidence; it was inconsistent with the accused’s evidence at trial and the way in which his defence was conducted: French CJ, Kiefel, Bell, Keane and Gordon JJ.

Appeal Status

Appeal Determined (QCA) - Appeal Determined (HCA)

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