The Queen v Baden-Clay

[2016] QCA 1

SUPREME COURT OF QUEENSLAND

CITATION:

The Queen v Baden-Clay [2016] QCA 1

PARTIES:

THE QUEEN
(applicant/respondent)
v
BADEN-CLAY, Gerard Robert
(respondent/appellant)

FILE NO/S:

CA No 188 of 2014
SC No 467 of 2013

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane – Unreported, 15 July 2014

DELIVERED EX TEMPORE ON:

8 January 2016

DELIVERED AT:

Brisbane

HEARING DATE:

8 January 2016

JUDGE:

Holmes CJ

ORDERS:

Orders delivered ex tempore on 8 January 2016:

1.   That the orders previously made by this Court in CA No 188 of 2014 delivered on 8 December 2015 and numbered 3 and 4 be vacated.

2.   Instead order that the respondent to the appeal, the Director of Public Prosecutions, file and serve submissions as to sentence within 14 days of any dismissal by the High Court of the application for special leave or any appeal.

3.   That the appellant file and serve any submissions as to sentence within a further 7 days of the date of filing and serving of submissions by the respondent.

4.   The submissions of each party as to sentence are be sealed and be made available only to members of this Court and the legal representatives of the parties until further order by this Court.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – POWERS OF COURT ON APPEAL – POWER TO SUBSTITUTE VERDICT OR SENTENCE – SUBSTITUTION OF MANSLAUGHTER FOR MURDER – where the respondent was convicted of murdering his wife after trial – where on 8 December 2015 the Court of Appeal ordered the verdict of guilty of murder be set aside and a verdict of manslaughter be substituted, with procedural orders put in place for the filing and serving of documents in January 2016 to enable the resentencing of the respondent by the Court – where on 4 January 2016 the applicant filed a special leave application to the High Court of Australia seeking to have the orders made by the Court of Appeal be set aside – where on 8 January 2016 the applicant applied to the Court of Appeal to have the orders made for the provision of submissions set aside, with the question of sentence left in abeyance until the conclusion of proceedings in the High Court of Australia – whether the application should be granted

R v Baden-Clay[2015] QCA 265, related

COUNSEL:

M R Byrne QC for the applicant/respondent
A Glynn QC for the respondent/appellant

SOLICITORS:

Director of Public Prosecutions (Queensland) for the applicant/respondent
Peter Shields Lawyers for the respondent/appellant

THE CHIEF JUSTICE:  This court set aside the conviction of murder of the respondent to this application and substituted a conviction of manslaughter.  It remains to be determined what sentence should be imposed for that offence, and orders were made requiring submissions from the parties for that purpose.

The applicant Director of Public Prosecutions has applied to have the orders made for the provision of submissions set aside, with the question of sentence left in…