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Gerard Baden-Clay: Prosecutors outline case for reinstatement of murder conviction in wife Allison's death.

 

Queensland’s Director of Public Prosecutions (DPP) has lodged its High Court appeal against the downgrading of Gerard Baden-Clay’s murder conviction to manslaughter.

His wife Allison Baden-Clay was reported missing in April 2012 and her body was found 10 days later beside a creek.

In 2014, Gerard Baden-Clay was convicted of her murder but in December last year, the Queensland Court of Appeal downgraded the conviction to manslaughter.

In documents submitted to the High Court, the DPP outlined the crown’s case and why the murder charge should be re-instated.

The DPP argued the Court of Appeal got it wrong when it concluded there was not enough evidence to prove he intended to kill his wife.

It argued there was a motive, including Gerard Baden-Clay’s affair.

“The yearning of a man to be with another woman has for a long time been regarded as relevant to the question of intent,” the documents said.

“This is evidence of motive … which a jury might infer intention.”

The DPP’s also argued Baden-Clay’s actions after his wife’s death showed intent.

“He got rid of the primary evidence, the body of his wife, by driving it 13 kilometres away and dumping it in mud under a bridge in a most cold-blooded way,” the documents said.

“He put on fake concern about his wife and play-acted that concern by sending texts to a phone he knew she would never answer.”

The DPP said the Court of Appeal’s decision was the latest in a line of Queensland cases that were inconsistent with recent decisions of the Victorian Court of Appeal about “the significance of post-offence conduct in deciding whether a killing is murder or manslaughter”.

The documents argued Baden-Clay’s lies about scratches to his face and disposing of his wife’s body should be considered when determining intent.

Baden-Clay’s defence team has 21 days to lodge their response.

This post originally appeared on ABC News.

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