Appeal: Baden-Clay conviction downgrade 'inconsistent'
THE state's Director of Public Prosecutions says the Queensland Court of Appeal's downgrading of wife killer Gerard Baden-Clay's conviction lacks consistency with rulings made elsewhere.
Documents lodged with the High Court of Australia late on Monday outlined the DPP's argument against the Court of Appeal's decision to reduce Baden-Clay's charge from murder to manslaughter.
The documents say the Court of Appeal erred in deciding that Baden-Clay's "lies, disguising his wounds and his disposal of his wife's body were 'intractably neutral' on the issue of intent and that 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 without first considering the significance of that evidence in the context of the other evidence in the case".
The appeal paperwork also says the court erred "in concluding that there was no evidence of relevant motive."
The documents also say the Court of Appeal's decision was "inconsistent" with rulings made by the Victorian Court of Appeal.
THE state's Director of Public Prosecutions lodged submissions opposing the downgrading of the conviction of wife killer Gerard Baden-Clay in court on Monday.
In July, 2014, a jury found Baden-Clay guilty of murder. He was sentenced to life in jail for the 2012 murder of his wife Allison.
He successfully appealed the conviction late last year and the murder conviction was downgraded to manslaughter.
The High Court of Australia confirmed the DPP's summary of argument and draft notice of appeal were filed late on Monday.
The conviction change was followed by widespread outrage late last year, particularly from domestic violence survivors and frontline workers.
Mrs Baden-Clay's body was found under an Anstead bridge in April, 2012.
Shortly after, police charged her real estate agent husband with murder and interfering with a corpse.
*For 24-hour support phone Queensland's DVConnect on 1800 811 811 or Men's Line on 1800 600 636, NSW's Domestic Violence Line on 1800 656 463 or the national hotline 1800RESPECT (1800 737 732).
- APN NEWSDESK