The Queen V Baden-Clay Case Analysis

1121 Words 5 Pages
Polarising the nation, The Queen v Baden-Clay case demonstrates the extent to which the Australian media can adversely affect the success of legal proceedings. The Australian adversarial system enforces strict rules of procedure, which are imperative to achieve equality and adequate protection in society. Although it is deemed effective, imperfections are evident (Skwirk Online Education, Nd). The Gerald Baden-Clay case highlights the strengths and weaknesses of the criminal justice system through the efficiency of the standard of evidence, rights of the accused, precedent and appeal used within the relentless trial to prove an accused murderer guilty.

The conspicuous circumstances leading to the murder of Allison Baden-Clay were imperative to the severity of the trial and sentence Baden-Clay received. Prior to
…show more content…
Precedents are utilised by judges within many trials in an attempt to provide a sentence which is equitable and predictable, which is imperative in a fair justice system to ensure that all Australian citizens receive similar sentences for similar crimes. A highly significant precedent utilised within the Baden-Clay case was the Barca v The Queen case, also a murder case dependent on circumstantial evidence and subsequently, the accused was successfully found guilty (Jade, Nd). Using the precedent to their advantage, the prosecution demonstrated how circumstantial evidence can be manipulated effectively to determine an accused murderer of guilt. This was a major strength to the Australian justice system as Baden-Clay was determined guilty for murdering his former wife, through the use of precedents (Ten News, 2016). The doctrine of precedent is important to ensure equability and ultimately creates predictability which can be used a deterrence for future offenders and to correctly sentence the

Related Documents