Today the court of appeal overturned Gerard Baden-Clay’s murder conviction and downgraded it to manslaughter.
The former Brisbane real estate agent was convicted of the murder of his wife Allison Baden-Clay after his trial in 2014. He was convicted last year and jailed for life, with a non-parole period of 15 years.
However during his appeal process four months ago, his lawyers argued he could have unintentionally killed his wife during an argument at their home in Brookfield, in Brisbane’s west and then further suggested that he covered up the death out of “panic”.
Gerard Baden-Clay, 45, reported his wife missing in April 2012 making appeals to the public to assist in finding her. Alison’s body was found 10 days later beside a creek.
The Court of appeal said that there was a reasonable possibility that based on the evidence, “the jury could not properly have been satisfied beyond reasonable doubt that the element of intent to kill or do grievous bodily harm had been proved,” Justice Fraser wrote in today’s findings.
It could not be ruled out that there may have been a physical confrontation whereby Allison fell and hit her head, the ruling by Chief Justice Catherine Holmes, Justice Hugh Fraser and Justice Robert Gotterson found.