He killed her, but he didn’t murder her.
In the eyes of law, Gerard Baden-Clay did not murder his wife Allison.
But he did kill her.
The Queensland Court of Appeal has overturned Baden-Clay’s conviction of murder, and in its place the court has delivered a verdict of manslaughter.
Gerard Baden-Clay’s conviction overturned:
But what does that mean?
It means Baden-Clay’s sentence — life imprisonment with a 15-year non-parole period — has been set aside, and his lawyers will make submissions as to what his sentence for manslaughter should be in January 2016.
— Nine News Brisbane (@9NewsBrisbane) December 8, 2015
What is the difference between manslaughter and murder?
Manslaughter is a lesser charge than murder — and you do not need to have had the intent to kill to be convicted of this crime. In Baden-Clay’s case, his legal team argued that there wasn’t enough evidence for a jury to reasonably find he had intended to kill, and that there was enough evidence to support an alternative theory of an unintentional killing, followed by a panicked cover up.