R v Baden-Clay

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, BELL, KEANE AND GORDON JJTHE QUEEN  APPELLANTANDGERARD ROBERT BADEN-CLAY  RESPONDENTThe Queen v Baden-Clay[2016] HCA 3531 August 2016B33/2016ORDER1.Appeal allowed.2.Set aside orders 1 and 2 of the Court of Appeal of the Supreme Court of Queensland made on 8 December 2015, and in their place order that the appeal to that Court be dismissed.On appeal from the Supreme Court of QueenslandRepresentationW Sofronoff QC with D C Boyle and S J Hedge for the appellant (instructed by Director of Public Prosecutions (Qld))M J Byrne QC with M J Copley QC for the respondent (instructed by Peter Shields Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSThe Queen v Baden‑ClayCriminal law – Criminal liability – Where respondent's wife disappeared and body later found – Where respondent involved in sexual affair with another woman – Where some injuries to respondent's cheek likely caused by fingernails – Where respondent gave evidence at trial denying involvement in killing wife and disposing of body – Where jury convicted respondent of murder – Where Court of Appeal held hypothesis of unintentional killing not excluded by prosecution and substituted verdict of manslaughter – Where common ground on appeal that respondent killed his wife – Whether hypothesis consistent with innocence of murder open – Whether jury's verdict unreasonable – Whether jury entitled to be satisfied beyond reasonable doubt that respondent acted with intent to kill or cause grievous bodily harm when he killed...