Baden-Clay ruling's 'massive consequences'

The High Court's decision to reinstate Gerard Baden-Clay's murder conviction will have "massive" implications for the legal system, his lawyer says.

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Allison Baden-Clay Source: AAP

Gerard Baden-Clay's lawyer says the High Court's decision to reinstate his client's murder conviction will affect the way trials are run in the future.

Peter Shields said the High Court's decision that the jury hearing Baden-Clay's case was entitled to find him guilty of murder despite the fact prosecutors hadn't put forward the possibility he'd killed his wife unintentionally would have "massive implications".

"Smarter people than I will write very interesting articles about this decision because it really does fundamentally alter the position of the criminal law throughout the Commonwealth," he told reporters in Brisbane.

"The consequences are massive."

Mr Shields believed the High Court's decision would have been different if his client had not given evidence at his own trial.

He said the implications of the decision would affect the way trials are run across the country, specifically whether defendants themselves chose to given evidence.

"It must affect every criminal trial throughout the Commonwealth," he said.

"We have a court system, so the High Court decision that was handed down today is now in place and will affect trials that commence tomorrow."

He said he was disappointed by the decision but Baden-Clay had accepted the decision.

"He has accepted the decision, as he must, and he will obviously do the necessary time in prison before making application for parole."


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2 min read
Published 31 August 2016 12:22pm
Updated 31 August 2016 7:54pm
Source: AAP

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