Police v Baden-Clay
[2013] QMC 6
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- Unreported Judgment
- Appeal Determined (QCA) - Appeal Determined (HCA)
- Police v Baden-Clay[2013] QMC 6Chief Magistrate Judge Butler SC
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Police v Baden-Clay[2013] QMC 6
Police v Baden-Clay[2013] QMC 6
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Editorial Notes
- Published Case Name:
Police v Baden-Clay
- Shortened Case Name:
Police v Baden-Clay
- MNC:
[2013] QMC 6
- Court:
QMC
- Judge(s):
Chief Magistrate Judge Butler SC
- Date:
20 Mar 2013
Litigation History
| Event | Citation or File | Date | Notes |
|---|---|---|---|
| Primary Judgment | [2013] QMC 6 | 20 Mar 2013 | Application 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 4 | 19 Dec 2013 | Pre-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 156 | 28 Feb 2014 | Application 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 154 | 09 Jul 2014 | Trial judge's summing up to jury: Byrne SJA. |
| Primary Judgment | SC467/13 (No citation) | 15 Jul 2014 | Date of conviction of murder. |
| Primary Judgment | [2014] QSC 155 | 15 Jul 2014 | Date of sentence of life imprisonment: Byrne SJA. |
| QCA Interlocutory Judgment | [2016] QCA 1 | 08 Jan 2016 | Submissions 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 265 | 08 Dec 2015 | Appeal 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 110 | 12 May 2016 | Application by Crown for special leave to appeal against [2015] QCA 265 granted: Bell and Gageler JJ. |
| HCA Transcript | [2016] HCATrans 166 | 26 Jul 2016 | Appeal heard and decision reserved: French CJ, Kiefel, Bell, Keane and Gordon JJ. |
| HCA Judgment | [2016] HCA 35; (2016) 258 CLR 308 | 31 Aug 2016 | Crown’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)
Cases Cited
| Case Name | Full Citation | Frequency |
|---|---|---|
| Commissioner of Police (NSW) v Nationwide News Pty Ltd | [2007] NSWCA 366 | 1 citation |
| Cunningham v Scotsman Publications | [1987’ SLT 698 | 1 citation |
| Higgins v Comans | (2005) 153 A Crim R 565 | 1 citation |
| Hogan v Hinch | [2011] HCA 4 | 3 citations |
| Hogan v Hinch | (2011) 243 CLR 506 | 1 citation |
| John Fairfax & Sons -v- Police Tribunal of New South Wales | (1986) 5 NSW LR 465 | 1 citation |
| John Fairfax Publications Pty Ltd v District Court of New South Wales | [2004] NSWCA 324 | 2 citations |
| John Fairfax Publications Pty Ltd v Ryde Local Court | (2005) 62 NSWLR 512 | 2 citations |
| John Fairfax Publications v Ryde Local Court | (2005) 62 NSWLR 52 | 1 citation |
| Moularas v Nankervis | (1985) VR 369 | 1 citation |
| R v D1 and Ors | [2010] NSWSC 644 | 1 citation |
| R v Elomar & Ors | [2008] NSWLR 1443 | 1 citation |
| R v Elomar [No 3] | [2008] NSWSC 1443 | 1 citation |
| Rockett v Smith; ex parte Smith | [1992] 1 Qd R 660 | 1 citation |
| Russell -v- Russell | (1976) 134 CLR 495 | 1 citation |
| Seven Network Limited v News Limited | (2005) FCA 1934 | 1 citation |
Cases Citing
| Case Name | Full Citation | Frequency |
|---|---|---|
| Brose v Baluskas (No 8) | [2020] QDC 98 | 3 citations |